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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. (1) The Plaintiff entered into the instant insurance contract with the Defendant on January 19, 2018, as the Plaintiff’s father C (D) and the insurance period from January 19, 2018 to January 19, 2038, and as the beneficiary at the time of death, the “E” contract with the Plaintiff (hereinafter “instant insurance contract”).
(2) The content of the instant insurance contract provides that “In the event the insured dies as a direct result of the injury that occurred during the insurance period, the Defendant shall be paid KRW 100 million to the beneficiary of the insurance.” Article 2(2) of the General Terms and Conditions of the instant insurance contract provides that “In the event that the insured dies as a result of the direct result of the injury that occurred during the insurance period, the term “injury” refers to the injury inflicted upon the body of the beneficiary due to a sudden and unexpected accident during the insurance period.
3) At the time of the conclusion of the instant insurance contract, C did not have signed the written subscription of the instant insurance contract, and F was replaced by C’s signature. (b) On January 30, 2018, C’s death was discovered in a state of little consciousness in its own house around 16:50, and immediately upon the Plaintiff’s report, C was sent to H Hospital located in the Southern-gu Incheon Metropolitan City, 119 first-lane, and was under medical treatment, but died at around 18:34 on the same day. (c) On the same day, the Defendant filed a lawsuit against the Plaintiff seeking confirmation of the absence of insurance claim against the Plaintiff by the Defendant against the Plaintiff based on the instant insurance contract (hereinafter “prior lawsuit”). On November 20, 2018, the court rendered a judgment citing the Defendant’s claim for death on the ground that “the death of C constitutes an injury stipulated in the instant insurance contract.”
2 The plaintiff is dissatisfied with the judgment of the court of first instance and filed an appeal with the Incheon District Court 2018Na72522, but the appellate court " August 29, 2019."