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(영문) 의정부지방법원 2017.11.22 2017가단7231
보험금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The Defendant (hereinafter “Defendant”) is also an insurance company running non-life insurance business, etc. under the Insurance Business Act and subordinate statutes.

On October 28, 2015, E entered into an insurance contract with the Defendant Company as described in the following table 1 (hereinafter “instant insurance contract”).

The terms and conditions incorporated into the contents of the above insurance contract (hereinafter referred to as the “instant insurance contract”) concerning the meaning of “injury”, and the grounds for the payment of “general injury or death benefit” are as follows:

From October 28, 2015 to October 28, 2072: Insured workers: From October 28, 2015 to October 28, 2072: In case of death of beneficiary, E’s heir, and E’s general injury and death benefit except for death: 50,000,000 won, E died on May 24, 2016.

Plaintiff

A is the legal spouse of the deceased E, and the children of the plaintiff B and C are children of the deceased.

The deceased has a difficulty in getting between the deceased and his former spouse as well as the plaintiff B and C.

[Reasons for Recognition] Facts without dispute, Gap 1-5 evidence, Eul 1 evidence, Eul 2-12 evidence, the purport of the whole pleadings

2. The gist of the plaintiffs' assertion was that E, the insured of the instant insurance contract, died as a direct result of the injury.

The deceased's death constitutes "general injury death," which is an insurance accident guaranteeing the insurance contract of this case, and thus, the defendant is obligated to pay the plaintiffs, who are legal inheritors of the deceased, the amount equivalent to the share of inheritance among 50,00,000 won of the general injury death insurance proceeds of 16,66,67 won (=50,00,000 x 3/9) for the plaintiff A, 11,111,110 won (=50,000,000 x 2/9) for the plaintiff B and C, and delay damages for the above money, according to the insurance contract of this case.

3. We examine whether the death of the deceased constitutes “general injury, death” as stipulated in the insurance clause of this case.

As seen earlier, the death of a general injury refers to the case where the insured dies as a direct result of an injury during the insurance period. As such, the death of the deceased is an injury.

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