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(영문) 서울중앙지방법원 2015.12.04 2011가단377493
보험금
Text

1. The plaintiffs' claims against the defendant are all dismissed.

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

Reasons

1. Basic facts

A. H (I) and the Defendant concluded an insurance contract with H on September 13, 2004, which is the insured of H, with love design insurance, and according to the above insurance contract, KRW 40 million is paid when the insured dies due to a traffic accident that occurred during the ordinary day.

B. On October 18, 2010, H driving a J vehicle at around 19:35, around 19:5, and passed the five-lane of the road in front of the place of business by the Environmental Authority located in 598, Seo-gu, Seo-gu, Incheon, Seo-gu.

However, H's vehicles conflict with the L Tracker's L Tracker's L Tracker's car that was rounded to enter the above road from the bendway to the above road.

C. On October 20, 2010, H died on October 28, 2010, following the instant traffic accident, after being transmitted to a sexual public hospital by the 119 first aid unit, and was hospitalized in the Katol University Incheon Women's Hospital and received treatment. He died on October 28, 2010.

The medical doctor M of the Acheon-ro Hospital shall regard the deceased's direct death as a "multi-malopic organ mar" in the medical certificate of death on October 29, 2010, and deemed the deceased's direct death as a "malopic organ marmosis" caused by the "high blood pressure" as a "malopic personality shock" caused by such reason.

E. The deceased has seven children as inheritor, and the plaintiffs are immediately the deceased.

F. On December 10, 2010, the Plaintiffs filed a claim with the Defendant for the payment of KRW 40 million of the insurance proceeds for the death of ordinary traffic accidents in the instant insurance contract, but the Defendant paid KRW 640,975 only.

G. According to the disaster classification table contained in the terms and conditions of the instant insurance contract, “disaster” under the instant insurance contract is “accidents falling under the Korean Standard Disease Disease Classification (S00~Y84)” and “contagious diseases as prescribed in Article 2(1)1 of the Prevention of Contagious Diseases Act” and “contagious diseases as prescribed by Article 2(1)1 of the Prevention of Contagious Diseases Act. In a case where a person with a disease or physical and mental factor suffers from minor external factors or worsens symptoms, it shall be excluded from “disaster”.

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