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(영문) 전주지방법원 2017.11.29 2017가단15272
보험금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff entered into a mutual aid agreement of this case with the Defendant on October 28, 201 (hereinafter “instant mutual aid agreement”) that reads “the beneficiary C, the beneficiary of mutual aid, and the period of mutual aid from October 28, 201 to October 28, 2041” (hereinafter “instant mutual aid agreement”).

(2) According to the instant mutual aid agreement, the beneficiary shall be paid the full subscription amount to the beneficiary as the mutual aid fund for advanced disability in the event that the beneficiary becomes a disability for which the disability payment rate specified in the disability classification table of the instant mutual aid agreement is at least 80% due to an injury (any bodily injury that occurred during the period of mutual aid due to a sudden and remote accident that occurred during the period of mutual aid) during his/her business during the mutual aid period.

B. C’s disability 1) On May 13, 2015, at around 13:00, C was found to be used by E, a workplace partner, at his/her residence. 2) On November 30, 2015, C was diagnosed as a cerebral cerebral cerebral disease due to the left-hand meter color of the middle-hand bed.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, Gap evidence 3, Gap evidence 6-1, the purport of the whole pleadings

2. The Plaintiff’s assertion C is in the state of disability caused by an injury while on duty, and the accident occurred, and the Defendant is liable to pay the Plaintiff, who is the beneficiary of mutual aid 100 million won and delay damages.

3. The term “emergency accident”, which is the requirement of an insurance accident under the insurance contract, means that the cause of injury or death means all the occurrence caused by external factors, not due to the physical defect of the insured, i.e., disease or physical physical injury, etc., and the causal relationship between the external nature of such accident and the result of injury or death, bears the burden of proof for the claimant of the insurance proceeds.

(see, e.g., Supreme Court Decision 2010Da12241, Sept. 30, 2010). According to the Plaintiff’s assertion, even according to the Plaintiff’s assertion, C is due to the tension and concentration among duties.

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