채무부존재확인
1. As to the accident described in attached Form 1, the plaintiff against the defendant based on the insurance contract mentioned in attached Form 2.
1. Basic facts
A. On March 31, 2009, the Defendant concluded an insurance contract with the Plaintiff as shown in attached Form 2 (hereinafter “instant insurance contract”).
B. From August 14, 2010 to October 6, 2012, the Defendant caused the instant insurance accident as shown in attached Form 1 (hereinafter “instant insurance accident”) stipulated in the instant insurance contract, and on April 16, 2019, the Defendant filed a claim with the Plaintiff for insurance proceeds (hereinafter “instant insurance proceeds”) of KRW 600,000,000,000, totaling KRW 16 million under the instant insurance contract on the ground that the instant insurance accident as stipulated in the instant insurance contract occurred.
[Judgment of the court below] The ground for recognition is without merit, Gap 1 and 2, and the purport of the whole pleadings.
2. Summary of the parties' arguments;
A. The Plaintiff’s claim for the instant insurance proceeds was completed two years from October 6, 2012, when the instant insurance accident occurred.
B. The Defendant’s claim for the instant insurance proceeds ought to proceed with the extinctive prescription period from the time the Defendant or C knew or could have known the occurrence of the instant insurance accident in accordance with the principle of social justice and equity, and even if not, the Defendant failed to claim the instant insurance proceeds due to the Defendant’s failure to receive notice of the insurance terms and conditions and relevant information regarding the instant insurance contract from the Plaintiff. Therefore, the claim for the completion of extinctive
3. In light of the determination, barring any special circumstance, extinctive prescription of a claim for insurance proceeds proceeds from the time when an insured incident, other than the date on which the policyholder or the insured had become aware of the insured event, pursuant to Article 166(1) of the Civil Act (see, e.g., Supreme Court Decision 2012Da18748, Aug. 23, 2012). The instant claim for insurance proceeds is exercised for two years from the date on which the insured event occurred pursuant to Article 662 of the former Commercial Act (Amended by Act No. 12397, Mar. 11, 2014).