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(영문) 대구지방법원서부지원 2015.02.05 2014가합995

채무부존재확인

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. (i) On November 22, 2005, the Plaintiff entered into the instant insurance contract with the Defendant’s father B as the insured (hereinafter “instant insurance contract”).

Article 14 (Compensation for Loss) (1) A company shall compensate for any loss incurred by an injury sustained by the insured due to a sudden and incidental accident that may occur during the insurance period, in accordance with the terms and conditions of this Agreement.

Article 15 (Compensation for Non-Compensation) (1) The Company shall not compensate for any loss arising from any of the following causes:

1. The intention of the insured;

4. The relevant provisions of the general terms and conditions applicable to the insurance contract of this case are as follows: self-injury by the insured, suicide, attempted suicide, criminal acts under the Criminal Act or acts of violence (Provided, That in the case of self-defense under the Criminal Act, urgent escape and legitimate acts, compensation shall be made for them).

B. At around 01:30 on May 26, 2013, the Defendant: (a) felled into the first floor group of the E apartment located in Daegu-gu, Daegu-gu, the Defendant’s residence; and (b) sustained injury, such as a drilling, the right-to-hand frame, and the lower bottom of the aggregate.

(hereinafter referred to as the "accident of this case"). 【No dispute exists, Gap evidence Nos. 1, 2, and Eul evidence Nos. 1 through 3 (in the case of vegetable evidence, including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings.

2. Whether the plaintiff's obligation to pay insurance money exists

A. The Plaintiff’s assertion (i.e., the instant accident was within the Defendant’s dwelling place where the Defendant attempted to commit suicide, but it was caused to attempted suicide, and thus, the Plaintiff’s insurance payment obligation is exempted pursuant to Article 15(1)1 and 4 of the General Terms and Conditions of the instant insurance contract.

Shed, even if the Plaintiff’s obligation to pay the insurance money is not exempted, the Plaintiff renounced all the insurance claims relating to the instant accident between the Defendant’s legal representative C and his mother.

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