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(영문) 서울고등법원 2019.10.08 2018나2053369
보험금
Text

1. All appeals by the Defendants against the Plaintiffs are dismissed.

2. The costs of appeal shall be borne by the Defendants.

Reasons

1. The reasoning of the court of first instance’s explanation concerning this case is as follows, and the defendants’ assertion as the grounds for appeal is partially dismissed, and the reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment, except for the addition of the judgment of this court in paragraph (2) to the grounds for appeal, and thus, it is acceptable in accordance with the main sentence of Article 4

The 12th 7th 7th tier judgment in the first instance judgment shall be "the first instance judgment", and the same 8th tier "the Act on Special Cases" shall be "the Act on Special Cases".

2. The abbreviation of this court’s additional judgment is based on the judgment of the court of first instance.

A. According to the result of the appraisal commission made by the Defendants against O Co., Ltd. of this Court (hereinafter “the appraisal report of this case”), when considering the deceased’s age (30 years of age) and height (171cm) at the time of the deceased’s death, the center weight of the deceased’s body weight is about 94cm from the launching floor, and even if the deceased’s body weight is over 112cc away from the window-type rail at a level of about 40cm from the floor of the deceased and sealed the body outside of about 112cm, the rail is not likely to fall into a rail machine by negligence, so long as the rail was located above about 18cc (12cc - 94cm) higher than the weight of the deceased’s weight.

Therefore, it should be viewed that there is no reasonable doubt about the deceased's intentional fall from a rail and suicide.

B. According to the appraisal report of this case, the appraiser determined that there is no possibility that the deceased might fall down with a railer by negligence, and based on this, the appraiser presented that the body weight-centered weight of the deceased was around 94 cm from the floor where the deceased's body weight was centered, and that the difference is greater than about 18 cm, which is about 112 cm higher than that of a rail.

However, the above physical weight centering on the results of the prior study in 194 and 2014 that “the center of physical weight of Korean people with a height of 174 cm is located at a level of 55% from the floor.” The above physical weight centering on the results of the prior study in 1994 and 2014, is simply the above ratio (55%) to the extension of the deceased.

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