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(영문) 서울중앙지방법원 2017.12.21 2017가단5078472
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. On October 29, 2012, the Plaintiff entered into a non-distribution Aplos guarantee insurance contract (hereinafter “instant insurance contract”) with the Defendant, including an agreement under which the Defendant would pay insurance money of KRW 50 million to the Plaintiff, a beneficiary, in the event the insured dies due to a general injury upon designating the Plaintiff as the insured and as the beneficiary.

B. B, on March 19, 2016, suffered injury, such as a traffic accident that is linked to the right wheel of the bus, and suffered from injury, such as the outer and open frame of the right leg, etc., and was hospitalized more than three months for treatment, but was hospitalized on several occasions after discharge on June 26, 2016, at home around 07:00.

C. According to Article 1 of the General Injury and Death Guarantee Clause of the instant insurance contract and Article 17 of the General Terms and Conditions, in a case where the Defendant examinee suffered an injury during the insurance period (referring to a bodily injury caused by a sudden and unexpected accident that occurred during the insurance period), and died as a direct result (excluding death caused by a disease), the amount of the insurance policy of the instant special terms and conditions shall be paid to the beneficiary as the death insurance amount.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 8, Eul evidence No. 1, the purport of the whole pleadings

2. The plaintiff asserted and judged that the death of the deceased was caused by a traffic accident, and this constitutes the requirement for the payment of the injury death benefit. Thus, the defendant asserts that the plaintiff who is the beneficiary should pay the insurance money in accordance with the insurance policy.

However, even if all the evidence submitted by the Plaintiff were to be comprehensively evaluated, it is not sufficient to recognize that the deceased suffered injury due to a sudden and incidental accident and died as a direct result, as stipulated in the terms and conditions of the insurance contract of this case, and there is no other evidence to acknowledge it otherwise.

3. Conclusion, the plaintiff.

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