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(영문) 수원지방법원 안산지원 2018.09.13 2018가합6416

채무부존재확인

Text

1. As to the Plaintiff (Counterclaim Defendant)’s KRW 500,000,000 to the Defendant (Counterclaim Plaintiff) and its related amount, from July 10, 2017 to May 16, 2018.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On February 20, 2017, the Plaintiff and the Defendant concluded the instant insurance contract with the Defendant’s husband C as the insured, and the Defendant as the beneficiary of the death benefit.

The provisions relevant to this case in the contents of the contract are as follows:

Section 1 of the General Terms and Conditions of the instant insurance contract

2. The definitions (2) of terms used in relation to the grounds for payment. (1) Injury means an injury inflicted on the body (excluding bodily assistance equipment, such as artificial organs, artificial organs or parts, but including where artificial organs or parts, etc. are transplanted and substituted for its function) due to an accident that has occurred rapidly and well-known during the insurance period;

3. The grounds for the payment of the insurance money under this contract are stipulated in Section B [New Promotion], Section 3 [New Distribution], Section 4 [New Living Expense Franchise] and Section 5 [New Equipment Franchise] selected by the contractor at the time of purchase of insurance.

8. Procedure for paying insurance proceeds (1) A company;

7. When the documents specified in the claim for insurance proceeds have been received, the receipt thereof shall be submitted, and the insurance proceeds shall be paid within three business days from the date of receipt of the documents;

Section B (New High-Supply Franchise)

1. In the event that the insured specified in the insurance policy died as a direct result of the injury that occurred during the insurance period of this contract, the company subject to the payment of insurance proceeds will pay the amount of the insurance coverage for injury to the beneficiary of this insurance.B. C on June 17, 2017, while playing d, E, F, and water play in the ambrolleys in the ambroth of the ambroth of the ambromoth of the Gangwon-do, Gangwon-do, Seoul on June 17, 2017, the company was aware of the width of five meters, the depth of the body of the body of the body of the body of the body of the body of the body of the deceased and sent it to G Hospital after the body of the body of the deceased was discovered from the body of the body of the deceased and the body of the deceased on the same day (hereinafter “instant accident”).

C. The Defendant is the Plaintiff on July 6, 2017.