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(영문) 서울중앙지방법원 2016.03.16 2015나17288
보험금
Text

1. Revocation of a judgment of the first instance;

2. All plaintiffs' claims are dismissed.

3. The plaintiffs' total costs of litigation.

Reasons

1. Basic facts

A. On February 4, 2009, the Defendant entered into an insurance contract with G, the deceased as the deceased, designating the beneficiary as the legal heir of the deceased, and entered into a professional professional skills driver agreement with the deceased. The Defendant entered into a special agreement with the beneficiary on February 4, 2009, stating that “When the insured was injured by a sudden and unexpected accident during the insurance period and died as a direct result within two years from the date of the accident, the insured shall be paid KRW 50 million of the injury death benefit to the beneficiary, and the insured shall not guarantee any damage caused by the disease of the insured.”

B. On December 10, 2012, the Deceased lost consciousness in F in Ansan-si E on December 12:30, 201, and his head was discovered at the physical speed in a bath.

(hereinafter “instant accident”). At the time of arrival at the site of 12:50 after being reported by the 119 first responder, a person related to a bath was in charge of cardiopulmonary resuscitation, and the first responder was in charge of 25 minutes of cardiopulmonary resuscitation, and the deceased’s voluntary circulation was restored.

C. On December 10, 2012, the Deceased was hospitalized in an emergency room of the Gelim University Sung-si Hospital on December 13:14, 2012, and died due to the heart suspension on December 11, 2012, on the ground of low carbon cerebriformiform encephalopathy around 15:06.

On the other hand, the deceased divorced from G on August 21, 2012, and the plaintiffs, who are the children of the deceased, inherited the deceased's property by one third.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 3, 7, Eul's 1 and 3, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The main point of the plaintiffs' assertion is that the accident of this case constitutes a sudden and incidental external accident, and as a result, the deceased died, the defendant is obligated to pay 16,66,67 won as the injury death insurance amount to the plaintiffs, who are legal successors of the deceased, as well as damages for delay.

B. The insurance accident requirement, which is stipulated in the first insurance clause, is likely to be a factor.

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