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(영문) 대법원 2016.12.29 2014다223698

채무부존재확인

Text

All appeals are dismissed.

The costs of appeal are assessed against the plaintiff (Counterclaim defendant).

Reasons

The grounds of appeal are examined.

The judgment below

According to the reasoning, the court below rejected the Plaintiff’s assertion that the above insurance contract becomes null and void on the ground that it is insufficient to recognize that the network E (hereinafter “the network”) entered into the insurance contract of this case with the sole evidence submitted by the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) for the purpose of illegitimate acquisition of insurance proceeds.

Next, the lower court determined that the instant death accident constituted “a sudden and friendly accident” in full view of the circumstances as indicated in its reasoning, and rejected the Plaintiff’s claim for exemption on the premise that the said accident was intentionally caused by the deceased.

Examining the record in light of the relevant legal principles, the lower court did not err in its judgment by failing to exhaust all necessary deliberations, contrary to what is alleged in the grounds of appeal, by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on acts of anti-social order, friendlyness in an insured event, exemption from liability

Therefore, all appeals are dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

참조조문