(영문) 창원지방법원 2015.06.11 2014나33059

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(영문) 창원지방법원 2015.06.11 2014나33059

보험금

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1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On December 8, 2003, the Plaintiff’s spouse B (hereinafter “the deceased”) concluded the instant insurance contract between the Defendant Company and the Defendant Company with “The Deceased, the Plaintiff, the beneficiary upon death, the general death of KRW 30 million in the prime contract, and KRW 20 million in the agreement for guaranteeing death in the event of a disaster” (hereinafter “the instant insurance contract”).

B. On December 26, 2013, the Deceased taken a sleep sleep on the same day, and was discovered in a state of death after being taken under the bottom of the river face of 45 cm in depth at the river located in the Seocheon-si, Seocheon-si, Songcheon-do.

Article 10. The type and cause for payment of the Meet Insurance Money] The Company shall pay the insurance money agreed upon to the beneficiary (hereinafter referred to as the "beneficiary") when any of the following causes occurs to the insured due to a disaster (hereinafter referred to as "disaster") prescribed in the Disaster Classification Table (Attached 2) during the insurance period of this Special Agreement:

1. Where he/she dies during the insurance period (hereinafter referred to as "accident");

C. Of the terms and conditions of the instant insurance contract (hereinafter “instant terms and conditions”), the contents pertaining to the compensation for death of a disaster are as follows.

(Annex 2) The sub-sea accident refers to an accident that occurs as a contingent external factor (Provided, That where a person who has a disease or a physical constitution factor suffers from a minor external factor or has aggravated symptoms, the minor external factor shall not be considered as an contingent external accident) and is subject to the following classification:

16. Scrapping out of fire;

D. On December 30, 2013, the Plaintiff claimed that the Defendant Company pay the general death benefit and the insurance benefit for the death of a disaster, but the Defendant Company only paid the general death benefit.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence No. 1 and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s accident of this case is predicted by the Deceased.

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