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(영문) 서울동부지방법원 2018.11.21 2018가합100975

채무부존재확인

Text

1. Regarding the insured events listed in attached Form 1, attached Form 2 against the Defendant (Counterclaim Defendant) of the Plaintiff (Counterclaim Defendant).

Reasons

1. Basic facts

A. The Plaintiff is a company running an insurance business. Defendant A is the wife of C (hereinafter “the deceased”) who died around May 4, 2017, and Defendant B is the deceased’s child.

B. 1) The Deceased’s conclusion of the insurance contract and the pre-contract notification of the Deceased’s pre-contract 1) on January 20, 2017, through an insurance solicitor D, as indicated in attached Table 2 (hereinafter “instant insurance contract”).

The insured of the instant insurance contract was concluded. The deceased is the deceased, and the beneficiary shall be the statutory inheritor at the time of the death of the insured. 2) The deceased, while engaging in planning and real estate business, transferred his residence to the Chungcheongnam-gun, Chungcheongnam-do for the purpose of returning, and was engaged in fisheries from December 3, 2016.

However, at the time of the conclusion of the instant insurance contract, the Deceased stated D’s “Duty to inform D of the entire contract” in the item “Isn occupation, what is?” as “Work site: Farming site, work area: Type of Business: Manager’s office, work site, and work site: Management of Farming Site.”

Article 3 (Grounds for Payment of Insurance Money) (1) A company shall pay the following amount as insurance money to a beneficiary if the insured dies as a direct result of an injury during the insurance period or is in a state of disability the rate of disability payment specified in the Disability Classification Table exceeds 80%:

Amount of insurance proceeds paid by kind;

1. Where a death benefit is deceased, the company under Article 5 (Reasons for Not Payment of Insurance Money) (2) shall not pay the insurance money if any ground for paying the insurance money under Article 3 (Grounds for Payment of Insurance Money) occurs due to any of the following acts for the purposes of occupation, duties or club activities unless otherwise agreed:

3. Article 17 (Duty to Notify Prior to Contract) while a crew member, a fishing gear, a person engaged in the duty to embark on a ship on his/her duty is on board the ship;