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(영문) 서울서부지방법원 2016.08.12 2015가단228839
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. On June 12, 1998, G entered into a guarantee insurance contract for non-distribution of dividends (the instant insurance contract) with the Dongyang Life Insurance Co., Ltd. (the subsequent insurance policyholder was changed to the defendant).

The main contract of the insurance contract of this case and the special contract for the guarantee of further table are required to pay the bereaved family living expenses to the inheritor when the insured (G) has died due to a disaster during the insurance period.

B. According to the main insurance of the instant insurance contract and the disaster classification table of Table 2 attached to each of the terms and conditions of the instant insurance contract, the term “accident” refers to a friendly external accident (or, however, if a person who has a disease or physical condition and has caused an accident or aggravated symptoms due to a minor external factor, the minor external factor shall not be considered as a contingent external accident)” and “17. Other pulmonary threats to a fire” are listed in the disaster, and excluded from the accident, it excludes a pulmonary disability and dinic disorder caused by a disease, among “an accident caused by a dinant, a quality test, and a dinant accident caused by a fire”.

C. G was hospitalized in a H hospital as of December 18, 2014, and received rehabilitation treatment after undergoing cerebrovascular surgery on July 2014.

G On January 10, 2015, the Plaintiff C’s house located in Jeonnam-gun I with the permission to leave the country was used in 16:30, and died during the 119 emergency squad that was sent to a nearby J Hospital by the 119 emergency squad.

Plaintiff

A is the spouse of G, and the rest of the plaintiffs are their children.

Grounds for Recognition: Facts without dispute, Gap 1-1, 2, Gap 2, 3, 4, Eul 1-1, 2, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiffs' assertion G died from the plaintiff's house to the quality of booming booming breath in the plaintiff's house.

This is the death of a disaster stipulated in the insurance contract of this case, and the defendant is obligated to pay the bereaved family living expenses to the plaintiffs.

(b) Determination 1 is the entire pleadings in each entry in the 2-1, 2, and 5 of Section B.

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