logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.11.23 2015가단5281793
보험금
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The Defendant is the insured, and the beneficiary is the Plaintiff, and is the insurer of the non-distribution spectrum traffic accident insurance (hereinafter “instant insurance”) that guarantees the following:

Table of the Insurance Terms of this case

3. In the Disaster Classification Table, the term "accidents" means "accidents that occur frequently."

A

B. At around 20:20 on January 6, 2014, A discovered a driver from the F Station located in Jung-gu Seoul Metropolitan Government E (hereinafter “instant accident”), and transferred the accident to the Giman University Giman University (hereinafter “instant accident”), and died on March 1, 2016.

C. The Plaintiffs are children of the deceased A.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 4, Gap evidence 5, Gap evidence 8-1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. In light of the fact that the deceased was found to have been used in the accident site of this case due to an incombustibility cause, the deceased was found to have been used in the accident site of this case, and that there was no special disease prior to the accident of this case, ② there was a trace of blood transfusion of the deceased on the wall of the accident site of this case used by the deceased, ③ there was a discovery of a heat inside the body of the deceased, etc., the deceased can be sufficiently predicted that he lost consciousness by shocking on the wall of this case or suffered bodily injury due to excessive exposure to the outside cooling, which is caused by a contingency accident. Accordingly, the defendant is liable to pay the insurance money to the plaintiffs who are the inheritor of this case under the insurance contract of this case.

B. (1) Determination is based on external factors, not on the physical defect of the insured, i.e., disease or physical physical factors, etc., which are the elements of the insurance accident as stipulated in the insurance clause.

arrow