채무부존재확인
1. The Plaintiff’s special agreement on the attached insurance contract between the Plaintiff (Counterclaim Defendant) and the deceased C is made against the Defendant A.
A principal lawsuit and counterclaim shall be deemed to be a same.
1. Basic facts
A. The Plaintiff is a life insurance company that runs the purpose business of life insurance business as prescribed by the Insurance Business Act.
B. On January 24, 2005, the deceased C (hereinafter “the deceased”) entered into a life insurance contract with the deceased and the beneficiary’s heir to receive KRW 50,000,000 insurance money (hereinafter “main contract of the instant insurance contract”) and entered into a life insurance contract with the insured amount of KRW 100,000,000 (hereinafter “the instant special agreement”). In addition, the insured amount was KRW 100,000,000 (hereinafter “the instant special agreement”).
C. The Defendants, as parents of the Deceased, are beneficiaries of the above insurance contract.
On July 30, 2013, the Deceased committed suicide (hereinafter “instant accident”) from 102 Dong 709, Kimpo-si, Kimpo-si, Kimpo-si (hereinafter “instant accident”).
E. The Defendants, as the inheritor of the Deceased, agreed on October 17, 2013 on the division of inherited property with the content that the Deceased’s insurance money or termination refund, the insured, was inherited by Defendant B.
F. On August 13, 2013, Defendant B claimed insurance money based on the instant special agreement to the Plaintiff on the instant accident. However, on December 11, 2013, Defendant B received only KRW 50,000,000 based on the instant main contract from the Plaintiff.
G. The terms and conditions of the instant insurance contract and the instant special agreement are as follows.
[The insurance contract of this case] Article 14 [Types and Grounds for Payment of Insurance Money] The company shall pay the insured the insurance money agreed upon to the beneficiary when any of the following causes occurs to the insured:
1. When he/she dies during the insurance period: Article 16 of the amount of his/her insurance coverage [the insured events for which no insurance money is paid] (1) The company may terminate this contract at the same time as it does not cover insurance money when any of the following events occurs:
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