채무부존재확인
1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.
2. The Plaintiff (Counterclaim Defendant) paid KRW 50 million to the Defendant (Counterclaim Plaintiff).
The main lawsuit and counterclaim are also finite.
1. Basic facts
A. Nonparty B (hereinafter “Nonindicted Party B”) entered into an insurance contract with the Plaintiff (hereinafter “instant insurance contract”) with the same content as indicated in the separate sheet as the Plaintiff. Of the guaranteed terms of the instant insurance contract, in the event of a general injury, death, or disability after death, the Nonparty would receive the amount of insurance coverage (50 million won) from the legal heir, who is the beneficiary of the instant insurance, in the event that the Nonparty is dead or has disability after death due to a general injury.
B. Of the special terms and conditions regarding the injury of the instant insurance contract, Article 2 of the General Injury, Death and Ex Post Facto Disability Clause provides that “any injury inflicted on a person due to a sudden and unexpected accident that occurred during the insurance period” shall be deemed to be “any injury inflicted on a person due to an accident occurring during the insurance period,” and that the total amount of the insurance amount shall be paid to the beneficiary as the general injury death insurance amount.
C. On December 26, 2013, the Nonparty was found to have died with the face of 45 cm in the depth of the water in the river of the rural village in Yongcheon-si on the same day. As a result of the autopsy conducted on the same day, the Nonparty’s direct death was diagnosed as the next death.
On January 27, 2014, the investigation agency (the main office of the Changwon District Prosecutors' Office) that carried it out after the Non-Party’s death, concluded that the Non-Party was not related to the crime on the grounds that the Non-Party was presumed to have lost the spirit of the Non-Party, and that it was presumed that the Non-Party was not related to the crime on the ground that it was presumed that the Non-Party, while going up to the river for a long time on the chills of the river in which the floor was cut down and slurged.
E. The Defendant, as the husband of the Nonparty, claimed a general injury death benefit against the Plaintiff regarding the death of the Nonparty.
[Ground of recognition] Unsatisfy, Gap evidence 1 to 4, Eul evidence 1 to 3, the purport of the whole pleadings
2. The argument concerning the cause of the claim.