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(영문) 서울중앙지방법원 2020.01.17 2018가단71695
보험금 청구의 소
Text

1. All claims filed by the plaintiff (appointed party) and the designated parties are dismissed.

2. The costs of lawsuit are assessed against the Plaintiff (Appointed Party).

Reasons

1. The Defendant asserted by the Plaintiff (Appointed Party) concluded an insurance contract with F and General Injury Death Insurance.

F On February 2, 2017, around 10:23, 2017, F was found to have been used in the bathing rooms of the Hacheon-gu Seoul Special Metropolitan City Office of G Building and died.

F is the death of the injured party or the injured party and the heart disease are concurrent, and the defendant is obliged to pay 300 million won of the death benefit due to general injury.

The beneficiary of the above insurance contract is a legal heir, and the plaintiff and the designated parties who are F's spouse and children become the beneficiary according to the inheritance shares.

Plaintiff

The designated parties shall first claim KRW 36,00,000 in the case of the designated parties, KRW 24,000 in the case of the Plaintiff (Appointed Party) and the appointed parties D, and KRW 24,00 in the case of E.

2. It is insufficient to recognize that the descriptions of “A” and “A” are either an injury by external force or a combination of such injury and death.

Comprehensively taking account of the descriptions in B 1 to 4, F is presumed to have died due to a sudden functional failure or acute neutism while suffering from chronic leutism.

Therefore, all claims of the plaintiff and the designated parties are dismissed.

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