채무부존재확인
1. Revocation of a judgment of the first instance;
2. All of the plaintiff's claims are dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. The following facts are found either as a dispute between the parties, or as a whole as to the images of evidence Nos. 1, 2, 3 (the same as evidence No. 2), 4 (the same as evidence No. 1), 5-1, 5-2, and 4 and the purport of the entire pleadings.
A. The Plaintiff concluded each insurance contract (hereinafter “each of the instant insurance contracts”) with Defendant C as the insured by providing the network F (hereinafter “the network”) as the insured.
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).