채무부존재확인
1. The plaintiff's claim against the defendant (appointed party) and the appointed party is all dismissed.
2. The costs of lawsuit are assessed against the Plaintiff.
1. Basic facts
A. B entered into an insurance contract with the Plaintiff on August 22, 2003 upon the solicitation of an insurance solicitor C (hereinafter “instant insurance contract”). From September 30, 201, the Plaintiff was on board a barge’s crew member on September 30, 201, which was within the insurance period of the instant insurance contract on September 13, 2012, and was found to have died on the sea due to satisfaction during the preparation for departure from the port of the said barge and died on September 19, 201.
(hereinafter the above death of B is referred to as “the instant accident”). The Selection Party E is the wife of B, the Defendant A, the Selection Party F, and G.
B. The instant insurance contract covers the payment of KRW 10 million in the event that he/she died within one year from the date of the accident as a result of his/her direct result after having injured his/her body due to a sudden and remote accident during the insurance period B.
C. Meanwhile, among the terms and conditions of life insurance in the insurance contract of this case, the general terms and conditions stipulate the exemption from liability for the payment of insurance money as follows.
14. (Non-Compensation for Damages) Unless otherwise agreed, the Company shall not pay compensation for any damages arising during the conduct listed below for the purposes of occupation, duties or club activities by the insured:
(3) The fact that there is no dispute over the period during which the crew members of a vessel, fishing division, private ship, or other persons engaged in the duties to board a vessel are on board the vessel for official duties (applicable to recognition), Gap evidence 1 through 10 (including branch numbers), Eul evidence 1 and 2, the witness C's testimony, the witness E-examination result, the purport of all pleadings, as a whole.
2. The parties' assertion
A. The plaintiff asserted that the accident of this case constitutes the grounds for exemption under the terms and conditions stated in paragraph (3) (hereinafter "the grounds for exemption of this case"), and therefore, the plaintiff does not have any obligation to pay insurance money to the defendants.
B. As to the defendant's assertion, the defendant B.