채무부존재확인
1. As to the special contract between the Plaintiff (Counterclaim Defendant) and the network C, the Plaintiff (Counterclaim Defendant) regarding the special contract.
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 7, 2005, the deceased C (hereinafter “the deceased”) entered into a life insurance contract with the deceased as his heir to receive KRW 50,000,000 insurance money when the insured died (hereinafter “main contract of the instant insurance contract”), and additionally, entered into a life insurance contract with the insured amount of 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 August 1, 2010, the deceased committed suicide (hereinafter “instant accident”) in Yeonsu-gu Incheon Metropolitan City DYasan (hereinafter “Seoul”) around 5:29.
E. On August 16, 2010, Defendant A claimed insurance proceeds from the instant accident to the Plaintiff as the representative beneficiary, and received KRW 50,000,000 from the general death insurance proceeds under the instant life insurance contract on August 20, 2010.
F. 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:
1. Where a person insured intentionally damages himself/herself, but two years from the commencement date of liability (in cases of an irregular contract, the date of application for reinstatement) of the contract shall be the case where the person insured has impaired himself/herself in the state of mental illness;