beta
(영문) 대구지방법원포항지원 2015.07.07 2014가단306690

채무부존재확인

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On September 24, 2004, the Defendant entered into an insurance contract listed in paragraph (1) of the attached Table No. 1 (hereinafter “instant main contract”) with the Plaintiff, and on the same day, entered into a special agreement listed in paragraph (2) of the same Table attached to the instant main contract (hereinafter “instant special agreement”).

B. On May 4, 2014, the insured Party B died after breaking a tree at his home.

(hereinafter referred to as “instant accident”). C.

On May 15, 2014, the Plaintiff paid to the Defendant a general death benefit of KRW 50 million under the instant prime contract, but rejected the payment of insurance proceeds under the instant special agreement.

The following are the main contents of the terms and conditions of the instant special agreement relating to the instant case.

Article 9 [Types and Grounds for Payment of Insurance Money] Company shall pay the insurance money agreed upon to the beneficiary when any of the following events occurs to the insured during the insurance period of this special agreement:

1. If a disaster (see attached Table 2) specified in the disaster classification table during the insurance period period, occurs directly due to a disaster (see attached Table 2), the term "disaster classification table" means an accident which is a contingency and is classified as follows:

Article 11 [Insurance Accidents for which No Insurance Money is paid] (1) A company may terminate this contract simultaneously with the failure to pay insurance money when any cause for paying insurance money occurs due to any of the following cases:

1. Where the insured intentionally damages himself/herself, but this shall not apply where the insured has damaged himself/herself in a state of mental illness, and where he/she commits suicide after two years from the date of commencement of liability;

[Ground of recognition] Facts without dispute, entry of Gap 1 through 4 (including branch numbers in case of additional number), the purport of the whole pleadings

2. The parties' assertion;

A. The plaintiff's assertion.