채무부존재확인
1. The plaintiff (Counterclaim defendant)'s death against the defendant (Counterclaim plaintiff) is not known about the "non-payment merz."
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On April 29, 2015, Defendant A entered into a contract with the Plaintiff for a renewed type of disease, death, and guarantee of advanced disability (hereinafter “instant disease insurance contract”) with the term “insured: (a) the beneficiary of the death insurance: statutory heir: the insurance period from April 29, 2015 to April 29, 2030; and (b) the term “pathosless cancer insurance”; (c) the insured amount was KRW 100,00,000; and (d) the insured amount was either dead or at least 80% of the disease; and (e) the insured amount was paid, respectively, at the time of death of the disease (hereinafter “instant disease death insurance contract”).
B. Article 1(1) of the Special Clause of the Insurance Contract for the Death of the instant disease provides that “In the event of death of a disease diagnosed during the period of insurance, the total amount of the purchase of insurance under this Special Clause shall be paid as death insurance.”
C. C is found to have been deceased at his own home on April 25, 2016, and the body autopsy written by D by a doctor of a medical corporation resistant mother hospital is indicated as “direct death-related heart color.”
The Defendants are legal successors in C.
[Ground of Recognition] Facts without dispute between the parties, Gap evidence Nos. 1, 2, 4 through 7, Eul evidence Nos. 1 and 2 (including paper numbers), the purport of the whole pleadings
2. The gist of the parties’ assertion argues that, as the Plaintiff did not die of a disease diagnosed and confirmed by C, there is no insurance payment obligation based on the insurance contract for death of the instant disease following the Plaintiff’s death against the Defendants.
As to this, the Defendants asserted that C is obliged to pay 100,000,000 won and damages for delay to the Defendants according to the insurance contract of death of the instant disease, since C died in the heart color, which is the disease of which diagnosis was finalized.
3. In light of the determination, the term “the disease for which the diagnosis has become final and conclusive” as stipulated in the special terms and conditions of the instant contract for the death of a disease means that the doctor of a medical institution undergo various inspections.