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(영문) 서울고등법원 2015.03.20 2013나2026553

채무부존재확인

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1. Of the judgment of the court of first instance, the part of the claim for confirmation of the non-existence of an insurance claim based on the insurance contract indicated in attached Form 1.

Reasons

1. The reasons for this part of the facts of recognition are as follows, and this part of the reasoning of the judgment of the first instance is as stated in Article 420 of the Civil Procedure Act, except for dismissal or deletion as follows.

2. “Non-Distribution Triopic Disease Insurance Contract” in the 12th parallel 12th parallel 12 parallel 3rd parallel 3rd parallel 15th parallel 3rd to “Dong Fire Marine Insurance Co., Ltd.”, “6,487 won” in the 3rd parallel 3rd to “51,948 won”, the 4th parallel 6th parallel 4th parallel 6th parallel 50,000,000” in the 50th parallel 6th parallel 4th parallel 6th parallel 6th parallel 4th parallel 3th parallel 4th parallel 4th parallel 7th parallel 1,50,000 from “25,00,000” to “40,75th parallel 40,000” to “4th parallel 7th parallel 4th parallel 7th parallel 7th parallel 1,50,00” to “5th 50,750.5th ”.

2. Determination on the second insurance contract of this case

A. The relevant legal doctrine 1) Since a life insurance contract is an agreement to pay money to a contingency on a human life, there is a risk of moral hazard, such as intentionally murdering the insured for the purpose of acquiring money. As such, the good faith is strongly demanded regarding the conclusion of the contract (so bona fide requested. If a life insurance contract is concluded for the purpose of acquiring insurance money solely by pretending an insured incident from the beginning, it is highly likely to cause the illegal act of taking advantage of human life as a means of human life, and it is highly likely that the insurance money be paid according to a life insurance contract concluded for such purpose.