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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Determination B on the cause of the claim concluded with the Defendant as the insured on April 14, 2010 and concluded a health partnership insurance contract with the Defendant (Non-party) on the part of himself. The above insurance contract includes the content that the insured shall pay 50 million won to the statutory inheritor in lump sum when he dies due to injury. B, while driving a motorcycle on May 26, 2014 in the insurance period of the above insurance contract, is shocked by the trucking the central line from the hubway of the road in front of the mountain village in the Yannam-gu, Seoul Special Metropolitan City, Seoul Special Metropolitan City. The Plaintiff was recognized by the following purport: (a) there is no dispute between the parties; or (b) the Plaintiff’s spouse as the sole statutory inheritor is recognized by the evidence No. 1 through No. 3; and (c) the purport of the entire pleadings and the entire pleadings.
According to the above facts, B died of an insured accident as stipulated in the above insurance contract during the insurance period.
Therefore, the defendant is liable to pay the plaintiff, the only inheritor in accordance with the above insurance contract, the insurance proceeds of KRW 50 million, and delay damages for the above insurance contract, unless there are special circumstances.
2. The defendant's defense is proved to be exempted from the liability to pay the insurance money pursuant to Article 2 of the terms of the above insurance contract as the accident occurred while driving a two-wheeled automobile. Thus, the fact that the two-wheeled automobile died while driving a motorcycle that is a two-wheeled automobile, as seen above, and the fact that the two-wheeled automobile died while driving a two-wheeled automobile. According to the evidence No. 2-2 of the above insurance contract, even if the grounds for the payment of insurance money under the above insurance contract occurred, the insurance money shall not be paid if it directly causes a sudden and incidental accident occurring while driving a two-wheeled automobile. Thus, the defendant is exempted from the liability pursuant to the above
As such, the defendant's defense is reasonable.
For this reason,