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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The reasoning for the court’s explanation on this part of the basic facts is the same as that of the judgment of the court of first instance, and thus, they are cited by the main text of Article 420 of the Civil Procedure Act.
2. The parties' assertion
A. The purport of the Plaintiff’s assertion is that the Deceased died in her ability to freely make a decision due to the military register name due to death by death by death by death or drinking. The fall accident is a contingent accident and is subject to the death insurance money stipulated in the instant insurance contract. Thus, the Defendant is liable to pay the death insurance money.
B. In the Defendant’s summary accident insurance, the Plaintiff should prove that the injury occurred due to a sudden and remote accident. In this case, the deceased’s death cannot be deemed as an accident due to an unexpected accident, and thus, does not constitute an accident subject to insurance, which constitutes an accident subject to the payment of insurance money, and there is no obligation to pay insurance money, as it constitutes an intentional death due to the cause of exemption from the insurance contract.
3. Determination
A. (1) Of the requirements of an insurance accident covered by a personal insurance contract, contingent accident refers to an accident caused by an unforeseeable cause, not intentional, but unforeseeable cause, and an accident caused by ordinary process. The term "outstanding accident" refers to an accident caused by external factors, not due to the physical defect of the insured, i.e., physical and qualitative factors, etc., the cause of the accident, which is not attributable to the physical defect of the insured, i.e., the disease, and the physical and qualitative factors. As such, the burden of proof exists on the claimant for the causal relationship between the occurrence of such accident, the external nature, and the result of death (see, e.g., Supreme Court Decision 2010Da6857, May 13, 2010). Meanwhile, the insured under the terms and conditions of an insurance contract.