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(영문) 서울남부지방법원 2015.12.24 2015나56234

채무부존재확인

Text

1. Revocation of a judgment of the first instance;

The insurance contract between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) as shown in attached Table 1.

Reasons

(c)not to this extent.

2. Where a beneficiary intentionally damages the insured, but where the beneficiary is a part of the insurance proceeds, the balance shall be bound to another beneficiary;

(Attachment 1) [Attachment 1] (Attachment 8] (Standards for Payment of Insurance Money) Other Accident Death Insurance (Article 14(1)(8) of the Terms and Conditions): When the insured dies due to an accident by an aircraft, a traffic accident by a ship train, a traffic accident by a vehicle on board, or an accident by an accident by an accident by an accident by an accident by an accident by an accident by an accident by an accident by an accident by an accident by an accident by an accident by an accident by an accident by an accident by an accident by an accident by an accident by an accident by an accident by an accident by an accident by an accident by an accident by an accident by an accident by an accident by an accident by an accident by an accident by an accident by an accident by an accident by an accident by an accident by an accident by an accident by an accident by an accident by an accident during

* These categories are as shown in attached Form 2, if the Korean Standard Disease Death Classification (as of January 1, 1995, Notice No. 1993-3, No. 1993-3, No. 1995) is followed by the “outcoming of Disease and Death”.

C. In the Korean Standard Disease Classification, “highly self-injury” falls under Category X60 to X84 (the term “the intended self-injury by smoke, fire, and fire fighting” falls under Category X76). Since intentional self-injury is not a disaster (eficial accident), the above X60 to X84 is not naturally included in the Disaster Classification Table 3 of the instant Terms and Conditions.

E, around 17:00 on March 18, 2014, after having tried to commit suicide on his/her own fire at his/her own residence, died on March 21, 2014 while he/she was receiving medical treatment from the Seoul Asan Hospital.

E. Defendant A is the wife of the deceased E (hereinafter “the deceased”). Defendant B, C, and D are the deceased’s children, who are the deceased’s inheritors.

F. On March 28, 2014, the Defendants died of the Deceased.