채무부존재확인
1. The judgment of the court of first instance is modified as follows.
Attachment No. B with respect to the death of December 26, 2013.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. B concluded an insurance contract with the same content as the Plaintiff’s attached Form (hereinafter “instant insurance contract”). According to the instant insurance contract, where B dies due to general injury or is disabled due to disability, statutory inheritor, the beneficiary, can receive the insurance amount (50 million won).
B. Article 2 of the General Injury, Death, and Ex Post Facto Disability Clause of the instant insurance contract refers to “injury inflicted on a body due to a sudden and unexpected accident that occurred during the insurance period,” and Article 2 of the instant insurance contract provides that the total amount of the insurance coverage should be paid to the beneficiary in cases where the death is caused by the direct result of the injury.
C. B, on December 26, 2013, was found to be a dead state with a depth of 45 cm from a 45 km village in the Jincheon-si, Scheon-si on the face of the water (hereinafter “instant death accident”), and as a result of the written autopsy on the body of the day, the direct death was determined to be next.
On January 27, 2014, the investigation agency (the head office of the Changwon District Prosecutors' Office) concluded that the crime was not relevant to the death of B, on the ground that it is presumed that the death of B was presumed that the water carried the stones of the river floor was cut down and the body was lost, while the investigation agency (the head office of the Changwon District Prosecutors' Office) started up the river and sleep gathering work on the river on January 27, 2014.
E. The Defendant, as the husband of the instant death accident, filed a claim against the Plaintiff for the general injury death benefit.
[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 4, Eul evidence 1 to 3, the purport of the whole pleadings
2. The parties' assertion
A. Since the plaintiff's assertion 1 B was not conducted with autopsy against the plaintiff 1 B, it is impossible to identify the cause of death, the plaintiff suffered injury due to the sudden and incidental accidents.