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(영문) 부산지방법원동부지원 2019.01.22 2017가단221350

채무부존재확인

Text

1. With respect to the insurance contract entered in the separate sheet, the insured amount against the Defendant (Counterclaim Defendant) of the Plaintiff (Counterclaim Defendant).

Reasons

1. Basic facts

A. The pertinent Plaintiff is an insurer who entered into an insurance contract with the deceased E (FF, hereinafter “the deceased”). Defendant B is the deceased’s spouse, and Defendant C and D are the parents of the deceased.

B. (1) On July 18, 2011, the Deceased entered into an insurance contract with the Plaintiff, the Deceased, the period of insurance from July 18, 201 to July 18, 2084, and from July 69, 201 to July 18, 201, the insurance premium of KRW 69,230, and the beneficiary Deceased (the beneficiary’s statutory heir of the beneficiary’s death benefit). The main contents of the contract are as follows

(hereinafter referred to as the "insurance contract of this case"). [Guarantees] 100 million won in general as a result of the direct result of the injury during the insurance period: In the event that the death is caused by the result of the direct result of the injury during the insurance period, the payment of the purchase amount of insurance [the insurance clause] in any of the following cases, the contract shall be null and void and the insurance premium already paid (the amount calculated by deducting the amount, if any, already withdrawn) shall be refunded.

However, if the contract becomes null and void due to the intention or negligence of the company, or if the company fails to refund the premium even if it knew or could have known that the contract was null and void before the consent, the company will return the premium for the period from the day following the date of the payment of the premium to the date of the refund.

2. Where the person under 15 years of age, the mentally or physically weak person or the mentally weak person is liable to pay insurance proceeds (the mentally or physically handicapped person and the mentally or physically weak person) means a person who has no ability to discern things or make decisions due to mental or physical disorder, such as mental illness, mentally or physically weak person, and serious food, clothing, disability, etc., or a person who has no ability to discern things

Article 15 (Types and Grounds for Payment of Insurance Money) Where any of the following events occurs to an insured worker (person subject to insurance), the company shall receive insurance money agreed upon from the beneficiary: