채무부존재확인
1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the principal lawsuit and counterclaim are dismissed.
2. The appeal costs.
1. The reasoning of the judgment of the court of first instance concerning the instant case is as stated in the reasoning of the judgment of the court of first instance, except for modification or addition as follows. Thus, this is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The part concerning the correction of the political party deliberation;
A. On the fourth page of the judgment of the court of first instance, the defendant’s last behavior is modified to “the defendant”.
B. On the 7th page of the first instance judgment, the second sentence “2015....” is amended to “2014..”
3. Additional decision-making
A. (1) The Plaintiff’s assertion that the accident of this case occurred due to the deceased’s intentional injury to himself/herself, which was caused by the deceased’s drive in a dangerous manner, such as over the central line. This constitutes grounds for not paying insurance money under Article 5(1)1 of the instant insurance contract where the insured intentionally injures himself/herself. Therefore, there is no obligation to pay insurance money to the Plaintiff’s Defendants (the deceased’s statutory inheritor). Therefore, in the insurance clause of the judgment insurance contract, the insured is liable to prove the fact corresponding to the foregoing exemption in order to exempt the insurer from liability for paying insurance money in cases where “the insured intentionally injures himself/herself” is stipulated as the insurer’s exemption. In such a case, the insurer must prove the existence of objective evidence, such as a statement of intent to commit suicide, and the existence of reasonable doubt as to the possibility of not committing suicide from ordinary awareness.
(see, e.g., Supreme Court Decision 2010Da6857, May 13, 2010). In a case where the automobile insurance clause provides that “damage caused by the intention of the policyholder or the insured (hereinafter “subscriber, etc.”) is not compensated by the insurer, such exemption clause is a principle of strict interpretation, and such exemption clause is “in principle, injury and death or death, or death or death.”