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(영문) 광주고등법원 (전주) 2017.04.27 2015나100629

채무부존재확인

Text

1. Revocation of a judgment of the first instance;

2. Attached Form;

1. Attached Form concerning the stated insurance accidents;

2. Time limit for insurance contracts mentioned therein;

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. The Plaintiff is an insurer who entered into an insurance contract with the deceased D (hereinafter “the deceased”), as described in the following paragraphs. Defendant A is the wife of the deceased, Defendant B, and C. The deceased’s children.

B. Article 13 (Compensation for Damages) (1) of the conclusion of the instant insurance contract (hereinafter “instant insurance contract”) ① If the insured (beneficiary) suffered bodily injury due to a sudden and incidental accident during the insurance period (hereinafter “accident”), the company shall compensate for the damage resulting from the injury in accordance with Chapter 1 (General Provisions) and the terms and conditions of the instant insurance contract.

(2) The injury referred to in paragraph (1) shall include addiction symptoms generated as a result of the inhalement, absorption, or taking in of poisonous gases or toxic substances at the time of an incidental stage.

However, the addiction symptoms caused by the food poisoning and habitually inhaled, absorption, or intake are not included in this.

Article 14 (Compensation for Non-Compensation) (1) The Company shall not pay compensation for any loss arising from the following causes:

1. The intention of the insured;

4. Self-injury of the insured, suicide, attempted suicide, criminal acts under the Criminal Act, or violence;

6. Insane of the insured or mental illness of Article 15 (Insurance Money for Death) (1) A company shall pay the beneficiary the amount of insurance coverage stated in the insurance policy, if he/she suffers from injury due to an accident as provided for in Article 13 (Compensation for Loss) during the insurance period and has died directly as a result of the accident within two years from the date of the accident, as the insurance money for death.

The Plaintiff’s attached Form between the Deceased on March 8, 2010

2. The insurance contract, as described in the foregoing (hereinafter “instant insurance contract”) was concluded.

The provisions relating to this case of the terms applicable to the insurance contract of this case are as follows.

(hereinafter referred to as “instant terms and conditions”) C.

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