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(영문) 대전지방법원 2016.03.25 2015나106835

채무부존재확인

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1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Facts of recognition;

A. On January 2006, the Plaintiff entered into an insurance contract with the Army (a public official organization insurance contract; hereinafter “instant insurance contract”).

The terms and conditions of the above insurance contract relating to this case are as follows:

[General Terms and Conditions of Insurance for Public Officials] Article 2 (Scope of Application of Contracts) (1) This Agreement shall apply to cases where there are more than five insured members of a public official organization.

(2) A person who has become a contractor on behalf of the representative of the organization under paragraph (1) shall be able to exercise all the rights and obligations under group insurance contracts.

(3) Public officials' organizations under paragraph (1) mean central administrative agencies, special local administrative agencies, affiliated agencies, advisory agencies, affiliated agencies, subsidiary agencies, assistant agencies and subordinate organizations, which are established under the Government Organization Act and other Acts and subordinate statutes and prescribed by the General Rules on the organization and quota of administrative agencies.

Article 6 (Compensation for Loss) (1) If the insured has suffered bodily injury (excluding physical assistance equipment, such as acceptance, clothing, bill, doctor's duty, etc.) due to a sudden and incidental accident (hereinafter referred to as "accident") during the insurance period, the company shall compensate for the loss resulting from the injury (hereinafter referred to as "damage") in accordance with this Clause.

Article 8 (Death Insurance Money) (1) Where the insured has suffered an injury as a result of an accident prescribed in Article 6 and died within one year from the date of the accident, the company shall pay the total amount of insurance coverage to the beneficiary (where the beneficiary is not designated, the heir of the insured) with the death insurance money.

Article 15 (Change, etc. of Insured) (1) In the following cases, the contractor may change the insured:

1. The insured may die due to any cause not guaranteed by this insurance, or continue to maintain the contract for unavoidable reasons, such as bankruptcy, emigration, divorce, etc.;