beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On November 3, 199, the Plaintiff subscribed to the “E Insurance” (hereinafter “instant insurance contract”) with the content that the period of insurance is 15 years (on November 3, 2014, the maturity date) as Defendant and the prime insured as Plaintiff’s father D, which is the Plaintiff’s father. The details of the instant insurance contract are as follows.
1) General accident death insurance money of KRW 50 million: living expenses each 1.20 million per month of the insured's death due to a disaster other than a traffic accident: 1.0 million won per month of the insured's death due to a disaster other than a traffic accident, 7.5 million won per month of the second disability, and 50,000 won per month of the third disability.
B. Article 10(1) of the Insurance Terms and Conditions of the instant insurance contract provides that a general accident death insurance amount shall be paid when the insured dies due to a disaster other than a traffic accident that occurred during the insurance period (Paragraph 4), and a living cost shall be paid when the insured becomes disabled in Grades 1 through 3 in the disability classification table due to a direct cause (Paragraph 6), and the attached Table 3 provides that the term "disaster" means an accident that happens due to a minor external factor (Provided, That if a person who has a disease or a physical nature factor suffers from a minor external factor or becomes worse, the minor external factor shall not be considered as an accident) and is listed in the following classification.
Among the types of disasters enumerated above, in the case of "accidents (Classification No. 29) of patients during external and internal treatment", the cases of "accidents without intention or negligence by a diagnosis institution shall be excluded."
C. On January 21, 2013, D had been subject to an in-house border test conducted by H in the “G” member located in the Seoul Special Metropolitan City F, Busan Special Metropolitan City F, and had a serious stop during recovery.
(hereinafter referred to as the “instant medical accident”). D is due to cardiopulmonary brain damage.