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(영문) 대법원 2016.10.27 2015다74428

채무부존재확인

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All appeals are dismissed.

The costs of appeal are assessed against the Defendants.

Reasons

The grounds of appeal are examined.

1. The insurance terms and conditions shall be interpreted fairly and reasonably in light of the purpose and purpose of the terms and conditions in good faith, and shall be interpreted objectively and uniformly in consideration of the interests of all insurance organizations based on the average customer’s interests, without taking into account the intended purpose and intent of each party to the contract. Even after the above interpretation, if the meaning of the terms and conditions is not clear, such as the objective multiple interpretation and reasonableness of each interpretation, it shall be interpreted favorably to customers.

(see, e.g., Supreme Court Decision 2015Da243347, May 12, 2016). 2. Reviewing the reasoning of the lower judgment and the evidence duly admitted by the lower court reveals the following facts. A.

On November 20, 2001, Defendant A entered into a life insurance contract for non-distribution (standard 1 type pure) with the beneficiary as D’s heir at the time of death (hereinafter “instant prime contract”), and Defendant A separately paid additional premium and subscribed to a special agreement for non-distribution accident (hereinafter “instant special agreement”).

B. Article 13 of the Clause of the State Contract of this case provides that when the insured dies during the insurance period or becomes disabled by class 1 in the table of disability classification, general death insurance proceeds shall be paid. Article 12 of the Clause of the State Contract of this case provides that when the insured dies due to a disaster specified in the disaster classification table during the insurance period period or becomes disabled by class 1 in the table of disability classification, additional insurance proceeds for death of a disaster shall be paid, and the disaster classification table provides that "disaster refers to an accident by accident, which is referred to as an "accident by accident, which is in accordance with the following classification table" and lists the types of accidents listed in subparagraphs 1 through 32.

C. And the State Agreements of this case.