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(영문) 서울중앙지방법원 2015.05.08 2014가단5345249

채무부존재확인

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1. The plaintiff (Counterclaim defendant) based on the insurance contract as shown in the attached Form 1 with respect to the insured events as shown in the attached Table 2.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On September 16, 201, the Plaintiff concluded an insurance contract with the Defendant, the mother of B, as indicated in attached Table 1 (hereinafter “instant insurance contract”) with the insured on September 16, 201.

B. B obtained a astronomical air pilot license on October 21, 2013. On April 10, 2014, upon entering into an employment contract with CEL Construction Industry Co., Ltd., and adjusted the astronomical air at the construction site located in C in Namyang-si, Namyang-si. On April 17, 2014, B died in the astronomical air as it exceeded 07:30 on April 17, 2014.

(hereinafter referred to as “instant accident”). C.

At the time of the instant insurance contract, B had worked as office staff in the hospital, and the Defendant stated B’s occupation as “company staff” at the time of applying for the insurance contract.

According to the plaintiff's long-term insurance occupation code and occupational code, a company officer is a worker in office, and the operator of the astronomical air constitutes a stone cutting, completion, and lighting, and is at the third level of vocational supply.

In the case of the instant insurance contract, the monthly insurance premium for the injury or death of the Class 1 vocational water supply is KRW 7,200, and the monthly insurance premium for the injury or death of the Class 3 vocational water supply is KRW 16,380.

E. The terms and conditions of the instant insurance contract relating to the instant case are as follows.

Article 30 (Obligation to Notify After Entering into an accident insurance contract) (1) Where an insured person (person insured) changes his occupation or duties during the insurance period (including where the driver of a private-use motor vehicle changes his occupation or duties as a driver), or where he continuously uses a two-wheeled motor vehicle or motor device bicycle, he/she shall immediately inform the company.

(2) Where the risk has decreased pursuant to paragraph (1), the company shall return the difference insurance premiums, and where the risk has increased by intention or gross negligence of the contractor or the insured, the company shall be notified.