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(영문) 서울중앙지방법원 2014.06.10 2013가단217533

채무부존재확인

Text

1. The Plaintiff’s insurance security of KRW 19,800,000 as shown in the separate sheet No. 1 list for Defendant Alannant Life Insurance Co., Ltd.

Reasons

1. The judgment as to the claim against Defendant Han Korean Life Insurance Co., Ltd., Kan Korean Life Insurance Co., Ltd. (hereinafter “Kan Korean Life Insurance Co., Ltd.,” and “Kan Korean Life Insurance Co., Ltd.,” and the Defendants in this paragraph refers to Defendant Han Korean Life Insurance and Kan

A. Facts of recognition 1) The Plaintiff concluded four insurance contracts in attached Form 2 in the remarks column in attached Form 2 between the Defendant Handi Life and two insurance contracts in attached Form 3 and the payment of insurance premiums between the Plaintiff and the Defendant Handi Life. 2) The Plaintiff was confined from November 17, 2009 to February 28, 2013 to prison.

3) During the Plaintiff’s reduction period, the Defendant Hanhwa Bio-resources extended a total of KRW 70,550,00 as shown in attached Table 2 as security on the termination refund of each insurance contract concluded with the Plaintiff on a four occasions on January 13, 2010, March 29, 2010; and May 24, 2010; and September 20, 2012, and extended a loan of KRW 70,550,00 in total as shown in attached Table 2. The loan is the agricultural bank account (Account Number B; hereinafter “instant account”) in the name of the Plaintiff where the insurance premium is automatically transferred.

(4) The Defendants offered a loan of KRW 5,00,000 to each insurance contract concluded with the Plaintiff on August 2, 2010, and deposited the loan in the account of this case as shown in the attached Table 3 as collateral. 4) The Defendants applied for a security loan of insurance proceeds to the Defendant was the Plaintiff’s wife. At the time of the loan application, C submitted the Plaintiff’s letter of delegation with the Plaintiff’s seal impression affixed, the Plaintiff’s certificate of personal seal impression, and the copy of the Plaintiff’s seal impression affixed to the Plaintiff’s claim and receipt of the insurance contract, and submitted the Plaintiff’s resident registration certificate to the employees in charge of the Defendants.

[Ground] Facts without dispute, Gap evidence 1, evidence 4-1 through 24, evidence 5-1 through 4, evidence 5-6, Eul evidence 1 through 5, evidence 2, evidence 3-1 through 5, 4, 5, evidence 6-1 through 7, evidence 6-7, evidence 8-1 through 5, evidence 1-2, Eul evidence 1-4, 2-1, 2-2.