1.The judgment of the first instance shall be modified as follows:

The deceased D (hereinafter referred to as “the deceased”) died on July 8, 2012.

1. The reasoning for the court’s explanation on this part of the basic facts is that the reasoning for the judgment of the court of first instance is the same as that for the corresponding part of the reasoning for the judgment, and thus, they are cited in accordance with the main sentence

2. Determination on the principal lawsuit and counterclaim claim

A. (1) The Plaintiff asserted that the deceased died due to the deceased’s internal actions, such as illness, rather than as a direct result of the bodily injury caused by a sudden and incidental accident that caused the deceased’s bodily injury, and that the deceased died due to the deceased’s internal actions. As a principal lawsuit, the Plaintiff seeks to confirm that there is no obligation to pay the Plaintiff’s injury death benefit to the Defendants based on the insurance contract of this case.

(2) The Defendants asserted that the network D suffered injury due to the instant accident, and died as a direct result of the injury, and sought a payment of the amount of the death insurance for injury under the instant insurance contract as a counterclaim.

B. The insurance accident stipulated in the instant insurance contract is “the case where the insured suffered bodily injury due to a sudden and unexpected accident and died as a direct result of the injury.”

As a risk guaranteed in an accident insurance, injury refers to physical damage caused by an unexpected accident from outside. Thus, the cause of the accident means that the cause of the accident act from outside of the body of the insured, is excluded from internal causes such as physical illness, and the causal relationship between the external nature of such accident and the result of injury or death has the burden of proof against the claimant for insurance.

이 사건에 관하여 보건대, 갑 제3, 6호증, 을 제3, 4호증의 각 기재, 제1심 증인 E의 증언, 제1심 법원의 국민건강보험공단 및 서울강동경찰서에 대한 사실조회회신에 의하여 인정되는 아래와 같은 사정에 비추어보면, 망인은 자전거를 타던 도중 급정거를 하면서 튕겨져나가...