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(영문) 서울중앙지방법원 2019.01.29 2018나32073
보험금
Text

1. All appeals by the Defendants against the Plaintiffs are dismissed.

2. The costs of appeal shall be borne by the Defendants.

Reasons

1. The reasoning of the judgment of the court of first instance is as follows, except for dismissal or addition as follows, and thus, it is consistent with the main sentence of Article 420 of the Civil Procedure Act.

In full view of the physical conditions, such as extension of the deceased’s body condition, and the point where the deceased fell and the situation of fall presumed to have fall as follows, it is reasonable to view that the deceased’s death was caused by an accident that is irrelevant to suicide, but it is difficult to accept the Plaintiffs’ assertion that the accident occurred due to an “accident,” which is the requirement of the insurance accident under each of the insurance contracts of this case, as follows: (a) whether the death of the deceased was directly caused by an accident; and (b) whether the accident constitutes an “accident,” which is a requirement of the insurance accident under each of the insurance contracts of this case; (c) whether the accident of this case constitutes an “accident,” which is a requirement of the insurance accident under the ordinary terms and conditions of this case, refers to an accident that happens from the outside; and (d) whether the cause of the accident was affecting the body of the insured; and (e) whether the accident was directly caused by the deceased’s suicide or not, and thus, the accident constitutes an “accident,” which is irrelevant to the terms and conditions of this case.

2. Conclusion, the plaintiffs' claims against the defendants should be accepted on the grounds of all of them.

The judgment of the first instance is consistent with this conclusion.

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