채무부존재확인
1. The plaintiff (Counterclaim defendant) based on the insurance contract stated in the attached Form with respect to the injury or death accident as stated in the attached Form.
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Basic facts
A. From July 25, 2014 to July 25, 2068, the Plaintiff and the Defendant concluded an insurance contract in the attached Form (hereinafter “instant insurance contract”) with the insured C, beneficiary C, Defendant, and insurance premium monthly KRW 67,000, with the insurance period from July 25, 2014 to July 25, 2068, and agreed to receive KRW 200 million from the Plaintiff in the event that C, the insured, dies due to injury until the maturity of 100 years of age, as the content of the instant insurance contract, is as follows.
5. (Grounds for not paying the insurance proceeds)
1. The Company shall not pay insurance proceeds when any of the following events occurs:
(1) The insured has intentionally impaired himself/herself: Provided, That he/she shall be paid insurance proceeds if the insured has impaired himself/herself under the condition that it is unable to make a free decision due to mental disorder,
B. At around 00:50 on September 21, 2015, C died due to cardiopulmonary paralysis due to pulmonary paralysis by cutting the trees on the six-story rooftops of the E care hospital D located in Ansan-si, Evalescent-gu, Evalescent-gu.
(hereinafter referred to as “instant accident”). C.
On October 28, 2015, the Defendant claimed for the death benefit under the instant insurance contract against the Plaintiff, but the Plaintiff rejected the payment.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 2 and 12, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s instant accident is caused by the suicide of the Plaintiff, the insured, and this constitutes grounds for exemption under the terms and conditions of the instant insurance contract, which constitutes “the case where the insured intentionally injures himself,” and thus, the Plaintiff is not obliged to pay 200 million won of the injury death insurance money under the instant insurance contract
B. The Defendant’s instant accident damages himself/herself by contingency in a situation where he/she cannot make a free decision due to severe dementia, depression, etc., the insured.