채무부존재확인
1. The Plaintiff (Counterclaim Defendant) is entitled to KRW 250,000,000 for each of the Defendant (Counterclaim Plaintiff) and the amount from April 24, 2014 to July 2014.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On February 28, 2012, C concluded an insurance contract with the Plaintiff, an insurer, with the following content (hereinafter “instant insurance contract”).
Insurance name: Insurance name: A contractor of a non-dividend besp franchise, a social bond, and the insured: The C insurance period: 503,500 won (main contract), 19,000 won (special contract for death in a disaster) for life until the age of 80: The beneficiary shall be guaranteed at the time of death of the beneficiary: KRW 50 million at the time of general death; KRW 200 million at the time of death of the beneficiary due to a disaster; and in the general terms and conditions applicable to the insurance contract of this case, where suicide after the lapse of two years from the date of commencement of guarantee of the contract of this case, the general death insurance money shall be paid.
B. C’s death and the Defendants’ insurance claims were found to have died in a siren that was parked on the 253 street around April 19, 2014, the 14:00, Seosung-si, Seosung-si, Seosung-si, Seosung-si, Seosung-si, 253.
As a result of the police investigation, C was found to have committed suicide by the method of eating the water surface guidance in the business vehicle and eating it with the water surface guidance system.
(hereinafter “instant accident”). The Defendants inherited 1/2 shares of C as parents of C, respectively, and on April 23, 2014, filed a claim with the Plaintiff for payment of KRW 500 million of the general death insurance money according to the instant accident.
[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1 to 3, Gap evidence 3 and 4, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff C had already subscribed to multiple insurance and was able to receive KRW 300 million insurance proceeds at the time of death. However, on February 28, 2012, the Plaintiff entered into two high-amount life insurance contracts including the instant insurance contract. At the time, C was falsely reported the Plaintiff’s occupation and financial status in exaggeration and falsely reported the amount of excessive insurance premium, and even if the amount of excessive insurance premium was paid, the amount at the time of death.