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(영문) 제주지방법원 2016.12.30 2015가단17356

채무부존재확인

Text

1. As to the accident described in the attached Form 1, the time limit for the insurance contract of the plaintiff against the defendant.

Reasons

Basic Facts

A. On August 30, 2007, the Plaintiff entered into an insurance contract with B and the insured B, beneficiary B, and other beneficiaries as shown in the attached Table 2 (hereinafter “instant insurance contract”).

B. Around 16:30 on May 11, 2009, B had been driving on the back 250cc Matoba, which was driven by friendly Gus, and had been driving on the back her seat, and there was an accident of leaving the road on the panty road in front of the panty road in Jeju City (hereinafter “instant accident”), and B of the said accident is a congested state due to cerebrovascular, etc. up to now.

C. On June 12, 2014, the Defendant claimed insurance proceeds under the instant insurance contract against the instant accident to the Plaintiff.

[Reasons for Recognition] The plaintiff is obligated to pay the insurance money to the defendant according to the insurance contract of this case asserted by the plaintiff as to the non-contentious facts, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1 and 2 (including family numbers, hereinafter the same shall apply), the purport of the whole argument, and the purport of the

Even if two years have elapsed from the accident of this case, the defendant claimed insurance money on June 12, 2014, and thus, the defendant's claim under the insurance contract of this case expired due to the completion of the extinctive prescription.

Judgment

1) Article 662 of the former Commercial Act (amended by Act No. 12397, Mar. 11, 2014) provides that the extinctive prescription expires if a claim for insurance proceeds is not exercised within two years. Inasmuch as a claim for insurance proceeds can be exercised from the time when the occurrence of an insured incident becomes specific and conclusive, barring any special circumstance, the extinctive prescription ought to run from the time when the insurance accident occurred pursuant to Article 166(1) of the Civil Act, barring special circumstances (see, e.g., Supreme Court Decisions 9Da66878, Mar. 23, 200; 2013Da16558, May 16, 2014). In this case, health team and the claim for insurance proceeds under the insurance contract of this case from May 11, 2009, which is the date of the instant accident. < Amended by Act No. 12756, Jun. 12, 2014>