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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On June 21, 2016, the Plaintiff concluded an insurance contract indicated in attached Table No. 1 (hereinafter “instant insurance contract”) with the Defendant’s ID (Ear, hereinafter “the deceased”) as the insured.
B. The instant insurance contract provides that the beneficiary shall be paid KRW 50 million for the death benefit of injury in the event that the insured died as a direct result of physical injury caused by an accident that occurred rapidly and rapidly during the insurance period, and that KRW 80 million shall be paid for the death benefit of injury in the event that the insured dies due to a disease diagnosed during the insurance period.
C. On July 14, 2016, at around 11:58, the Deceased: (a) sent a telephone call with the wife F; and (b) discovered a body in water at the near H’s station located in Sinpo-si on October 31, 2016.
(hereinafter referred to as “instant accident”). [Ground of recognition] The fact that there is no dispute, entry of Gap’s evidence Nos. 1 through 5, and the purport of the whole pleadings.
2. The plaintiff's assertion and judgment
A. The gist of the assertion was that the deceased died due to a sudden and incidental accident as stipulated in the insurance contract of this case because the plaintiff could not know the cause of death of the deceased.
Therefore, in relation to the instant accident, the Plaintiff asserts that there is no obligation to pay the death benefit to the Defendant based on the instant insurance contract.
B. 1 Related legal principles as to the determination of whether an insured incident constitutes an insurance accident refer to all accidents caused by external factors, not due to physical defects of the insured, i.e., illness or physical physical factors, etc. of the insured. The term “accident” means an accident caused by an unexpected cause.