채무부존재확인
1. As to the Plaintiff (Counterclaim Defendant)’s KRW 100,000,000 against the Defendant (Counterclaim Plaintiff) and its related amount, from March 13, 2018 to August 10, 2018.
The following shall be deemed together with the principal lawsuit and counterclaim.
1. Basic facts
A. On March 31, 2015, the Defendant concluded an insurance contract indicated in the attached Table No. 1 (hereinafter “instant insurance contract”) with the Plaintiff to pay KRW 100 million upon the death of injury with the husband C and the beneficiary, who is the husband of the insured, as the Defendant, and paid the first insurance money on the same day.
The main contents of the terms and conditions of the instant insurance contract are as follows.
[Ordinary Terms and Conditions] Payment of Sub-Section 2 Insurance Money
8. (Procedures for Payment of Insurance Money)
7. (Claims for Insurance Money) When any document specified in the above-mentioned provision is received, a receipt thereof shall be submitted, mobile phone text messages, electronic mail, etc., and insurance money shall be paid within three business days from the date of receipt of the document;
If a company fails to pay insurance money within the due date under the above provisions, it shall pay the amount calculated by the interest rate set forth in the calculation of the interest rate for the payment of insurance money for the period from the following day to the due date of payment.
On 14. (Obligation to inform before the contract), the contractor or the insured, when making an offer, shall inform the contractor of the fact that he/she is aware of the matters to be asked in the subscription form, and shall be the same as the Commercial Act.
16. (Effect of Violation of Obligation to Notify) The Company may terminate this Agreement, regardless of whether or not the damage has occurred, in the following cases:
1. (Duty to Notify before the contract) If the contractor or the insured intentionally or by gross negligence violates 14. (Duty to Notify before the contract) and the obligation constitutes an important matter, the company may not terminate the contract in any of the following cases, notwithstanding (1).
(2) A company shall be liable to pay insurance proceeds from the time it becomes aware of such fact for at least one month or from the time it receives the first insurance premium.