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(영문) 부산고등법원 2015.11.12 2015나3402

채무부존재확인

Text

1. The defendants' appeal is dismissed.

2. The costs of the appeal shall be borne by the Defendants.

purport, purport, and.

Reasons

1. Basic facts

A. The Plaintiff concluded each of the instant insurance contracts as shown in the Attachment No. 2 (hereinafter “each of the instant insurance contracts”) with Defendant C as the insured of the network F (hereinafter “the network”).

B. On September 24, 2012, when the insurance period of each of the instant insurance contracts was between 14:00 and 24:00, the Deceased was found to have been dead with the string of five parts ridge trees located in the Namyang-ri, Namyang-ri, Namyang-ri, the South Korean Peninsula, and the deceased was presumed to have died at around 19:0 on September 22, 2012 (hereinafter “instant accident”).

The Defendants were the deceased’s heir. The Defendants claimed the Plaintiff to pay the injury death benefit based on each of the instant insurance contracts as the heir of the deceased, who is the beneficiary of each of the instant insurance contracts.

The main contents of each of the instant insurance contracts are as follows.

Article 13 (Compensation for Loss) (1) of the Terms and Conditions of the driver insurance Ⅲ of the same Ministry. The Plaintiff Company shall compensate for the loss caused by the injury in accordance with this Clause, if the insured has sustained a bodily injury while driving a motor vehicle rapidly and rapidly during the insurance period.

2. The term "motor vehicle while driving" in the above paragraph (1) means that the insured, regardless of whether it is a road, whether it stops a motor vehicle, or whether it is operating an engine, is in a status of operating or operating Hand on board the motor vehicle's seat.

Article 14 (Compensation for Non-Compensation) (1) The Plaintiff Company shall not compensate for any damages arising out of the following causes, not directly or indirectly, of the cause:

1) The insured’s intentional act 4) The insured’s self-injury, suicide, attempted suicide, criminal act under the Criminal Act or act of violence 5) the insured’s disease or mental illness 6) Article 15 (Death Insurance Money) (1) The Plaintiff Company shall compensate for the injury caused by the insured’s mental illness.

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