채무부존재확인
1. As to the insurance contract between the Plaintiff (Counterclaim Defendant) and Nonparty C, the Plaintiff (Counterclaim Defendant).
The main lawsuit and counterclaim are also examined.
1. Basic facts
A. On November 17, 2006, the Plaintiff and Nonparty C entered into an insurance contract for non-payment of non-payment of the subscription amounting to KRW 50 million with the subscription amount, KRW 70 million with the subscription amount, KRW 16,000 with the subscription amount, KRW 70 years with the subscription amount, KRW 16,000 with the subscription amount, and KRW 2,000 per month with the subscription amount (hereinafter “instant insurance contract”).
B. The Defendants, as C’s children, are designated as a beneficiary of an insurance accident under the instant insurance contract when the occurrence of the death occurred.
C. On May 30, 201, C committed suicide at around 19:00, around one’s dwelling place, and the Defendants were paid KRW 50 million on June 22, 201 under the main contract of the instant insurance contract for the reason of the death of the insured due to suicide from the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, purport of the whole pleadings
2. The parties' assertion and judgment
A. The Plaintiff’s assertion 1) The instant special agreement applies only to a disaster, i.e., injury or accident caused by any contingent accident, pursuant to Article 10 of the terms and conditions, and there is no room to apply in the case of a death accident caused by the insured’s suicide. Therefore, the Plaintiff’s obligation to pay insurance money under the instant special agreement is nonexistent. Even if the Plaintiff is liable to pay insurance money, even if the said special agreement was concluded on May 30, 2013 after two years from the date of the occurrence of the insurance accident, there is no Plaintiff’s obligation to pay insurance money in any case. (ii) In preference to the Defendants’ assertion, the proviso to Article 12(1)1 of the Terms and Conditions on