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(영문) 서울서부지방법원 2019.06.27 2019나32037
보험금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On March 25, 2016, the deceased C (hereinafter “the deceased”) entered into a D insurance contract with the Defendant for one year from March 25, 2016, and the Deceased and the beneficiary as statutory inheritor (hereinafter “instant insurance contract”).

B. Articles 3 and 9 [Attachment 1] of the terms and conditions of the instant insurance contract (hereinafter “the instant insurance contract”) and 3 and 9 [Attachment 1] provide that where the insured dies due to the “agricultural safety accident” during the insurance period, the Defendant shall pay the bereaved family’s benefit amounting to KRW 50 million, and the said “agricultural safety accident” refers to an accident during the agricultural work prescribed in the “the scope of agricultural work” under the attached Table 2.

C. The main parts of the scope of agricultural works prescribed in the terms and conditions of this case are as follows.

1. The term "agricultural work" means a work conducted for the purpose of agriculture, which falls under any one of the following items:

Work conducted to cultivate food crops, vegetables, vegetables, fruit products, fruit trees, fruit rooms, flowerss, special purpose crops, medicinal herbs crops, feed crops, bio-energy crops, bio-energy crops, seeds, mulberry trees, mulberry trees, and ornamental trees.

2. The term "work" referred to in subparagraph 1 means any of the following:

Moving of residential and agricultural machinery to another person's agricultural machinery (including the case of a person's being accompanied by the insured, and the term "agricultural machinery" means machinery equipped with power-driven equipment, such as caters, maintenance machinery and power-driven machinery, and agricultural machinery under Article 2 subparagraph 1 of the Agricultural Mechanization Promotion Act)

(b) Transportation of agricultural products between residential places and agricultural places and shipment places (Provided, That the term "transportation" means actual transportation by using hand cards, cargo trains, or agricultural machinery, excluding movement before and after transportation);

(c) Processing, sorting, building and packing for shipping agricultural products;

(d)the term "agricultural materials" between residential and agricultural places of work means agricultural chemicals, fertilizers, and fertilizers;

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