1. Insurance money of the Plaintiff’s Defendant (Appointed Party) and the appointed party C, D, and E based on the insurance contract indicated in the attached list 1.

1. Basic facts

A. The Plaintiff entered into an insurance contract with the deceased as the insured in the attached list No. 1 (hereinafter “instant insurance contract”). The Defendant (the appointed party; hereinafter “Defendant”), the appointed party C, D, and E inherited the deceased, and are the beneficiaries of the said insurance contract.

B. The net F died on September 27, 2013, and the death diagnosis form “pubic typhus related to crubic disease” is written in the death diagnosis form as a direct death.

C. On May 2018, the Defendant and the designated parties asserted that the death of the deceased constituted death due to injury, and filed a claim against the Plaintiff for the death insurance proceeds based on the instant insurance contract.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings

2. The main point of the Plaintiff’s assertion was not found with the discovery of the basic symptoms of crub typhus to the networkF, and it is not definitely diagnosed, so it cannot be readily concluded that the deceased died due to the disease in question. Even if the deceased died due to crubic disease, this does not constitute a cause for the payment of insurance money under the instant insurance contract due to the death of the disease, not a death due to injury.

In addition, the extinctive prescription of the claim for insurance money has expired three years since September 27, 2013, where the deceased died.

3. Determination

A. The term "accident" among the requirements of an insured accident covered by a personal insurance contract means an accident caused by an unforeseeable cause, which is neither intentional nor foreseeable, and which means an accident that has caused an unforeseeable result in ordinary process. As to the contingency of such an accident, the insurer has the burden of proof (see Supreme Court Decision 2001Da55499, 5505, Nov. 9, 2001), the external nature and injury of the accident.