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(영문) 서울중앙지방법원 2015.08.27 2014가단5086342
보험금
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. (1) On June 17, 2013, Plaintiff A entered into an insurance contract with the Defendant with the following terms and conditions (hereinafter “instant insurance contract”) (hereinafter “instant insurance contract”).

A) Insured: A beneficiary of the CDeath Insurance Contract: The statutory inheritor’s contract period: 20 years from June 17, 2013 to June 17, 2062: 71,300 won guarantee amount: General Injury: 100,000 won at the time of death due to general injury; 2) In the General Injury Death Clause of the instant insurance contract, “the Company shall pay the insured (beneficiary) as a result of the direct result under Article 2 (Types and Grounds for Payment of Insurance Money) during the insurance period of this Special Clause, if the insured (beneficiary who suffered bodily injury due to a sudden and incidental accident that occurred during the insurance period) dies as a result of the death (the injury occurred during the insurance period) as a result of the direct result under Article 2 (Types and Grounds for Payment of Insurance Money).”

B. C’s death and inheritance relationship 1) C (hereinafter “the deceased”).

around 15:05 on September 14, 2013, the Plaintiff was found to be the wife of the Deceased, and Plaintiff B is the offspring of the Deceased, and Plaintiff B is the offspring of the Deceased.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. The Plaintiffs asserted that the deceased died with a breathal or acute breathal disease of the body of the earth, while under the influence of alcohol. Such a cause of death falls under a sudden and incidental accident, and thus, the Defendant is obligated to pay the Plaintiffs, who are legal successors of the deceased, to the insurance proceeds of death in accordance with the insurance contract of this case.

3. The term "foreign accidents" under the insurance terms of this case refers to all the causes of injury or death, which are caused by external factors, not due to physical defects, i.e., illness or physical physical factors, etc. of the insured, and the external nature and injury of such accidents.

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