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(영문) 부산지방법원 2016.08.19 2015나45069

채무부존재확인

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On March 6, 2002, the Defendant entered into a non-distribution new insurance contract between the Plaintiff and the beneficiary at the time of death, and entered into a non-distribution new-Raf Fran, the insurance coverage period of which is the end of the insurance period (hereinafter “the life insurance contract of this case”), and also entered into a non-payment disaster death agreement (hereinafter “the non-payment special agreement of this case”) which is 40,000,000 won, and 40 years from the subscription date of the insurance period.

(B) The sum of the instant life insurance contract and the instant special agreement is referred to as “the instant insurance contract” (hereinafter referred to as “the instant insurance contract”).

The contents of the insurance contract of this case relating to this case are as follows.

[Terms and Conditions of the Life Insurance Contract of this case] Article 14 【Types and Grounds for Payment of Insurance Money】 Company shall pay the beneficiary the insurance amount when any of the following causes occurs to the insured:

1. When the insured person dies during the period of insurance;

2. An insured event under Article 16, when the insured becomes a disability of class 1 in the disability classification table during the insurance period period (the insured event under Article 16, which does not pay insurance proceeds) (1) The company may terminate this contract at the same time as not paying insurance proceeds or exempting the payment of insurance premiums if any ground for paying insurance proceeds arises due to any of the following cases:

1. Where the insured has intentionally impaired himself/herself, but this shall not apply where the insured has impaired himself/herself in a state of mental illness, and where he/she commits suicide after two years from the date of commencement of responsibility for the contract (in cases of an inevitable contract, the date of reinstatement) or has caused harm to himself/herself, thereby becoming a state of disability of Grade I in the

[Terms and Conditions of the Special Agreement of this case] Article 10 (Types and Grounds for Payment of Insurance Money) Company shall either die of a disaster that occurred during the period of insurance under this Special Agreement, or be subject to class 1 of the Disability Classification Table.