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(영문) 인천지방법원 2019.04.25 2018가단202131

채무부존재확인

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1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The plaintiff (Counterclaim defendant) shall each be 50,000.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. On March 8, 2012, D entered into an insurance contract with the Plaintiff listed in paragraph (1) of the attached Table No. 1 (hereinafter “instant insurance contract”). According to the instant insurance contract, D is KRW 100 million if D died of a general injury.

B. The main contents of the instant insurance contract are as follows.

[E] Article 17 (Types and Grounds for Payment of Insurance Money) The Company shall pay the insurance money agreed upon to the beneficiary (beneficiary) if any of the following events occurs to the insured (beneficiary).

(1) Injury during the insurance period (excluding physical assistive equipment, such as artificial organs, artificial arms, artificial limbs, and artificial arms, but including bodily transplantation of a body, such as artificial organs or parts, which takes place during the insurance period, in lieu of its function, due to an accident that may result in a sudden and incidental outpatients during the insurance period.

) If the disability payment rate as provided for in Appendix 1 (Disability Classification Table) becomes a disability equivalent to or greater than 80 per cent, the full amount of the insurance coverage amount shall be paid to the beneficiary (person receiving the insurance money) as the insurance benefit for advanced disability.

Article 19 (Reasons for Not Payment of Insurance Money) The Company shall not prevent insurance money when any of the following events occurs to cause the payment of insurance money:

(1) The insured person shall be intentionally liable to make a free decision due to mental disorder, etc.: Provided, That where the insured person has damaged himself/herself while he/she is unable to make a free decision due to mental disorder, the insurance money shall be paid to him

Article 36 (Payment of Insurance Money) When a company receives the documents prescribed in Article 35, it shall issue a certificate of receipt, and shall pay the insurance money within three business days from the date of receipt of the documents.

[E]

1.Special Terms and Conditions 1-1.