beta
(영문) 서울중앙지방법원 2017.08.08 2016가합535161

채무부존재확인

Text

1. The Defendant, on June 13, 2014, is at the landing place of Maambagro, Dang-ri, Sucheon-gun, Sucheon-gun, Seocho-do.

Reasons

1. Basic facts

A. On July 12, 2013, the Plaintiff and B concluded an insurance contract with the insured as the Defendant and entered into an insurance contract with the same content as the attached sheet (hereinafter “instant insurance contract”).

B. At the time of the conclusion of the instant insurance contract, the Plaintiff applied the Defendant’s vocational water supply as Class 1 (Grade 8 - 10).

C. At around 14:10 on June 13, 2014, the Defendant sustained injuries, such as the fall accident (hereinafter “the instant accident”), the necessary pressure pressure cutting down, the necessary emission pressure cutting down, the necessary confluence cutting down, the necessary confluence cutting down, and the fall-off, etc., in the course of landing at the early landing area of the Seocho-gun, Chocheon-gun, Chocheon-gun, Chocheon-gun.

The relevant terms and conditions of the instant insurance contract are as follows.

Article 19 (Reasons for Not Payment of Insurance Money) (2) Unless otherwise agreed, the Company shall not prevent the insurance money concerned when any ground for paying the insurance money relating to the injury under Article 17 (Types and Grounds for Payment of Insurance Money) occurs due to any of the following acts committed for the purposes of occupation, duties or club activities:

1. Specialized light team (referring to a team that misleads the ground wall or ice wall, or requires special skills, experience, and advance training using professional light equipment), Bangladesh steering, and Scar;

The facts that there is no dispute over ice, Scuba ice, Scuba trading (based on recognition), the entries in Gap evidence 1, 2, and 4, the purport of the whole pleadings, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. Determination as to the Plaintiff’s assertion that the instant accident constitutes grounds for exemption 1) Article 19(2)1 of the General Terms and Conditions of the instant insurance contract (hereinafter “instant exemption clause”) of the Plaintiff’s assertion

according to this chapter, the insured's operation and scar.

The insurance money may not be paid in the event that a cause for the payment of insurance money occurs due to scooding, Scooding, and Scood trading.