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(영문) 서울중앙지방법원 2015.04.28 2014가단5074141

채무부존재확인

Text

1. All of the claims filed by the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff, Appointed Party) and the designated parties.

Reasons

1. Determination on the basic issues common to the principal lawsuit and counterclaim

(a) The following facts do not conflict between the Parties:

1) Nonparty E (hereinafter “the deceased”).

Around August 24, 2005, Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) who is an insurance company, is the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”).

between the insurance contract and the attached Form 1 (hereinafter “instant insurance contract”).

A) The instant insurance contract was renewed each year, and the final insurance period is from August 24, 2013 to August 24, 2014. (2) According to the instant insurance contract and its terms and conditions, where the deceased, who is a policyholder, sustained injury and died within one year from the date of the death, due to the “accident that occurred during the insurance period,” the Plaintiff should pay the deceased’s statutory heir an insurance amount of KRW 55 million in total (hereinafter “instant insurance amount”).

3) On December 21, 2013, the insurance period of the instant insurance contract was determined around 16:30, the Deceased’s death (hereinafter “instant death”) around 18:24 on the same day from among the Dos that were sent back to the emergency room of the Seoul Sungsung Hospital by the 119 Emergency Squads, as it was discovered that the deceased was used in the rainhouse located in Seocho-gu Seoul, Seocho-gu Seoul, Seoul.

4) The Appointed B is the spouse of the deceased (the 3/9 shares in inheritance), and the Defendant (the Counterclaim Plaintiff, the Appointed Party, the Appointed Party, the Appointed Party, the Appointed Party), C, and D are the children of the deceased (the 2/9 shares in inheritance).

(hereinafter referred to as the “Defendants”) b by referring to the Defendant’s designated parties and the remaining designated parties.

In full view of the following circumstances, whether the death of this case constitutes the cause for the payment of insurance money as stipulated in the insurance contract of this case 1, the deceased’s ground for the death of this case 3 through 5, 7 through 10, and 1, comprehensively taking account of the overall purport of the arguments, and comprehensively taking into account the following circumstances, the deceased’s ground for the payment of insurance money is as follows.