[채무부존재확인·보험금][미간행]
Korea Life Insurance Co., Ltd. (Attorney Kim Jong-soo, Counsel for defendant-appellee)
Sungdong Co., Ltd. (Attorney Kim Jong-soo, Counsel for the defendant-appellant)
April 18, 2007
Gwangju District Court Decision 2006Gahap37, 2006Gahap198 (Counterclaim) Decided September 14, 2006
1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.
2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.
1. Purport of the principal claim
With respect to the accident that the deceased non-party died on July 24, 2005 on or around 20:09, it is confirmed that there is no obligation to pay insurance money based on the Class 2 insurance contract (securities number: 7125368) of the Plaintiff (Counterclaim Defendant) for the workplace security insurance for non-payment to the Defendant-Counterclaim Plaintiff (Counterclaim Plaintiff).
2. Purport of the counterclaim and purport of appeal
The judgment of the first instance is revoked. The plaintiff (Counterclaim defendant)'s claim on the merits is dismissed. The plaintiff (Counterclaim defendant) shall pay to the defendant (Counterclaim plaintiff) the amount of KRW 100,000,000 with 5% per annum from September 22, 2005 to the service date of the duplicate of the counterclaim of this case, and 20% per annum from the next day to the day of full payment.
The reasoning of this court's decision is as follows: "The purpose of the first instance court's decision 7th 9th 7th 9th ," and the following part of "(if the insured dies due to reasons other than those determined to be paid insurance money under the insurance contract of this case, the insured shall be disqualified as a matter of course, and since the purpose of the insurance and the insured events do not exist any longer, the terms and conditions of the above contract stipulate the requirements to change the insured's death and stipulate the withdrawal from the organization concerned together with the above death of the insured, the insured shall be presumed to be under the premise that the insured is disqualified as an insured as a matter of course, even if he withdraws from the organization)", and therefore, they shall be cited as it is in accordance with the main sentence of Article 420 of the
Therefore, the judgment of the first instance is just, and the appeal by the defendant (Counterclaim) against this is dismissed as it is without merit. It is so decided as per Disposition.
Judges Kim Chang-chul (Presiding Judge)