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(영문) 광주고등법원 2016.04.01 2015나13033

채무부존재확인등 청구의소

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1.The judgment of the first instance shall be modified as follows:

Attached Form 1. which was concluded between the Plaintiff and the Intervenor.

Reasons

1. Basic facts

A. On May 17, 1990, the deceased A (hereinafter “the deceased”) married with the Intervenor (hereinafter “ Intervenor”) on May 17, 1990, but the agreement was married on January 14, 1998, and died on September 11, 2014 while the first instance court was continuing.

The Defendants inherited the Deceased as his children.

B. From August 2007 to August 201, 2010, the Deceased concluded each insurance contract between the Plaintiff and the Plaintiff with himself as the insured and the beneficiary, and the Intervenor was transferred from the Deceased on May 27, 2013 as the contractor and beneficiary status of each of the above insurance contracts.

On the other hand, on June 201, the head of Heung-gun concluded an insurance contract with 4,520 persons, including the Plaintiff and the Deceased, listed in attached Table 1 insurance list as the insured.

(hereinafter referred to as "each insurance contract of this case" and "each insurance contract of this case" listed in the separate sheet No. 1 through No. 4 of the insurance list, and "each insurance contract of this case, etc." shall be included in the insurance contract listed in paragraph 5 of the same list.

From December 15, 2009 to February 25, 2013, the Deceased received hospitalized Treatment 37 times over 754 days, as indicated in attached Table 2’s treatment record, and upon filing a claim for the payment of insurance proceeds under each insurance contract of this case, the Deceased received a total of 4,610,48 won (=45,412,448 won - 802,00 won) as indicated in attached Table 3’s payment record.

On August 14, 2011, the Deceased received KRW 802,00,00 as stated in attached Table 1 Insurance Contract No. 5, on August 2012, 201, on the ground that he/she received an examination of a permanent disability in the latitude (L5 -S1) rating of 10% on the escape certificate of the conical signboard (L5-S1) with respect to an injury upon which he/she had her her death at home, according to the insurance contract stated in attached Table 1 Insurance List No. 5. 5.

E. From December 3, 1998 to June 23, 201, the Deceased’s 40 proposal as the insured including each of the instant insurance contracts, etc., as indicated in the attached Table 4 total insurance coverage and the payment statement of insurance proceeds.