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(영문) 부산지방법원 2015.09.15 2015가단213489
보험금
Text

1. The Defendant: (a) against Plaintiff A, KRW 21,428,571; and (b) against Plaintiff B and C, KRW 14,285,714; and (c) against each said money, May 5, 2015.

Reasons

1. Facts of recognition;

A. On June 10, 2004, D entered into a disaster relief insurance contract (hereinafter “instant insurance”) with the Busan post office, which is a government office affiliated with the Defendant, on the following terms: the due date: the purchase amount of insurance on June 10, 2024 / monthly payment of KRW 10,000,000 / monthly payment of KRW 17,900; the Jeju Insured at KRW 17,900: Legal heir at the time of death of D:

B. D was discovered on February 1, 2015 at the “E” bath located in the YY-gu of Busan on February 1, 2015.

C. According to the insurance clause of this case [Attachment 1] standard table of the payment of insurance money, when the insured died during the period of insurance due to a disaster that occurred on holidays, the beneficiary is required to pay KRW 50,000,000 to the beneficiary.

The insurance clause of this case [Attachment 2] provides that "disaster means an accident that occurs as a result of a contingency (Provided, That if a person who has a disease or a physical constitution factor causes a minor external factor or worsens the symptoms thereof, the minor external factor shall not be deemed a contingency accident)", and the accident classification table in subparagraph 16 of the disaster classification item is listed as follows.

However, among the "dys, quality, and accidents caused by fire", it shall be excluded from the pulmonary disability and guardian disorder caused by disease (hereinafter referred to as "the excluded matter in this case").

E. The plaintiff A is the husband of the deceased, and the plaintiff B and C are their children.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4 (including branch numbers in case of additional number), the purport of the whole pleadings

2. The parties' assertion

A. The deceased, who had no particular disease in the plaintiff's assertion, was able to take a bath on holidays. This constitutes a case where the deceased died due to the disaster "influent water" as stipulated in the insurance clause of this case, and thus, the defendant constitutes the case.

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