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(영문) 광주지방법원장흥지원 2015.07.21 2015가합531

채무부존재확인

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1. The plaintiff's defendant based on the insurance contract stated in the attached list (2) concerning the insurance accident stated in the attached list (1).

Reasons

1. Basic facts

A. On February 15, 2012, the Defendant entered into an insurance contract listed in the separate sheet (2) (hereinafter “instant insurance contract”) with the Plaintiff, and paid the insurance premium under the said insurance contract to the Plaintiff from around that time to April 15, 2013, but did not pay it from around May 2013.

B. On May 9, 2014, the Defendant received diagnosis and treatment as “workplace bad faith” and claimed insurance proceeds from the Plaintiff at the Hospital B, as “workplace bad faith.”

(hereinafter referred to as “instant insurance accident”). C.

Among the terms and conditions of the instant insurance contract, the main provisions relating to the termination of the contract are as follows.

Article 12 [Peremptory Notice of Payment of Insurance Premiums and Termination of a Contract] ① In cases where a contractor fails to pay insurance premiums by the due date on which the second or subsequent payment date of the insurance premiums has not been made, the company shall notify the contractor (including a beneficiary (including a beneficiary) of the insurance premium in cases of an insurance contract for another person) of the fact that the contract is terminated on the day following the expiration of the payment period of the insurance premium in writing (including the fact that the principal and interest of the insurance contract loans are deducted from the termination refund immediately when the contract is terminated) with a fixed period of not less than 14 days fixed (if the last day of the payment peremptory period falls on Saturdays or holidays, such a period shall expire on the next day), telephone, electronic document, etc.

However, the company is bound to pay the agreed insurance money before the termination.

(3) Where a contract is terminated pursuant to paragraph (1), refund for cancellation shall be paid.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, and 6, the purport of the whole pleadings

2. The assertion; and