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1. The Defendant’s each of the Plaintiffs’ KRW 15,00,000, as well as 5% per annum from June 15, 2013 to April 29, 2014.
Reasons
The following facts can be acknowledged according to the purport of Gap 1 through 10 and the whole pleadings.
On June 12, 2008, the deceased’s mother E concluded the instant injury insurance contract between the Defendant, the insurance company, and the insured, whose beneficiary is the deceased and the beneficiary as the legal heir of the deceased.
The insurance contract of this case includes a special agreement for the death of a disaster that pays 30 million won in the event of death due to a disaster.
On June 14, 2013, the Deceased reported to the 119 emergency squad around 23:20 on the deceased’s her son A and E, who discovered that he/she was aware that he/she had drinking alcohol over a 20:00 and she had a tearing weight of about 6 cm, and that he/she had a large amount of smoking and water leakage.
By the 119 first aid team, the deceased was transferred to G Hospital located in Gyeongnam F, at around 23:55, and received a felity surgery on the upper part of the body, and on June 15, 2013, the deceased was sent to receive medical treatment on the following day due to the taking of the deceased at around 01:00, and returned home.
After returning home, the deceased died on June 15, 2013 at around 04:0.
A doctor who treated the deceased presumed the cause of death of the deceased as a blood shockr based on the statement of E, etc. that the deceased had a large blood transfusion.
In addition to the above facts, considering the fact that it is difficult for the deceased to find out the cause of death particularly in addition to the external blood transfusion, and the testimony of E is reliable, it can be deemed that the deceased died of excessive external blood that occurred while exceeding the deceased. This constitutes a disaster death under the injury insurance contract of this case due to an unexpected circumstances.
Therefore, the defendant is obligated to pay to the plaintiffs 15,00,000 won each and the damages for delay at each rate of 5% per annum from June 15, 2013, which is the date of death of the deceased, until April 29, 2014, and 20% per annum from the next day to the date of full payment. Thus, the plaintiffs' claims are justified.