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(영문) 서울중앙지방법원 2015.05.29 2013가단49433
보험금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff and the Defendants entered into each insurance contract (this case’s insurance contract) under which the Plaintiff would be paid insurance money under the terms and conditions of the contract in the event that the Plaintiff suffered from a physical injury caused by an unexpected accident on the part of the Defendants.

B. The Plaintiff lost the eyesight of the right eye thereafter.

On April 201, Defendant Matts Fire Marine Insurance Co., Ltd. (hereinafter “Defendant Matts Fire Marine Insurance Co., Ltd”) paid KRW 3 million insurance money to the Plaintiff on the ground that the Plaintiff’s real name was the physical physical factors, but considering the possibility of ex-post accidents, the Plaintiff paid KRW 3 million insurance money in consideration of some potential of ex-post accidents.

[Reasons for Recognition] Facts without dispute, Eul's evidence No. 3-1 (i.e., evidence No. 3-2, evidence No. 3) and Eul's evidence No. 5 and the purport of whole pleadings

2. The parties' assertion and judgment

A. On April 25, 2010, when the insurance contract of this case was in existence, the Plaintiff lost its capability to pay insurance proceeds pursuant to the terms and conditions of the contract. Accordingly, the Defendants are obligated to pay insurance proceeds pursuant to the terms and conditions of the contract. The Plaintiff first claims part of the claim. 2) The remainder Defendants except the Defendant’s Matz fire marine insurance cannot be deemed as the Plaintiff’s real name due to an ex post facto accident subject to the payment of insurance proceeds. Thus, the Plaintiff’s claim for insurance proceeds cannot be accepted.

On the other hand, Defendant Matts Fire Insurance asserts that there is no obligation to pay insurance amount exceeding 3 million won already paid.

B. 1) Of the “inbound accident” which is the requirement of an insurance accident, the term “inbound accident” refers to all the causes of injury caused by external factors, not due to the disease or physical physical factors of the insured. The causal relationship between the nature of the accident and the result of the injury, is the burden of proof to the claimant (see, e.g., Supreme Court Decision 2010Da12241, 12258, Sept. 30, 2010).

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