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(영문) 전주지방법원 2019.10.31 2019가단342
채무부존재확인
Text

1. In relation to the accidents described in paragraph 1 of the attached list, injury, death, and injury to the insurance contract listed in paragraph 2 of the attached list.

Reasons

1. Basic facts

A. The Plaintiff entered into an insurance contract with the deceased C (hereinafter “the deceased”) with the same content as that set forth in attached Table 2 as that set forth in attached Table 2 (hereinafter “instant insurance contract”).

B. At around 13:20 on July 13, 2018, the Deceased began with the G Apartment-gu Seoul Metropolitan Area D Apartment-si and came to contact with E schools, and on July 15, 2018, around 9:10 on July 15, 2018, the Deceased was found to have been seated and died in the driver’s seat in front of the G indoor horse located in Kim Jong-si F (hereinafter “instant vehicle”).

(hereinafter referred to as “instant accident”). C.

On October 29, 2018, the Defendant, as a legal inheritor of the Deceased, claimed the Plaintiff for the payment of the insurance proceeds on the ground that the instant accident constituted an insurance accident as stipulated in the instant insurance contract’s injury and death and the security for traffic injury death.

The terms and conditions applicable to the insurance contract of this case state that "the insured dies as a direct result of injury during the insurance period (excluding death caused by a disease)" and "the insured dies as a direct result of injury caused by a sudden and incidental motor vehicle accident while driving a motor vehicle during the insurance period (excluding death caused by a disease)" shall be paid to the beneficiary as the death benefit.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserted that the deceased died from internal causes, such as chronic renal failure and urology, which are the main diseases of the usual level, and that there is no insurance obligation to the defendant for the defendant, since the deceased died due to the sudden and incidental accidents secured by the insurance contract of this case, and the result is not the death.

In this regard, the Defendant is paying a sudden and friendly virtue while driving the instant vehicle.

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