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(영문) 광주지방법원 2018.07.27 2017가합58187

채무부존재확인

Text

1. The plaintiff is based on the insurance contract stated in the attached Table No. 2 concerning the insurance accident stated in the attached Table No. 1.

Reasons

1. Basic facts

A. The plaintiff B is the words of the deceased E (hereinafter "the deceased"), and the plaintiff C and D are the omission of the deceased.

B. Around August 7, 2015, the Deceased and the Defendant entered into an insurance contract on August 7, 2015 (hereinafter “instant insurance contract”) in the attached Table No. 2, which covers the death insurance amount of injury as KRW 100 million, from August 7, 2015 to August 7, 2065.

C. The main contents of the general terms and conditions and the special terms and conditions applicable to the instant insurance contract are as follows.

(hereinafter referred to as "ordinary Terms and Conditions" : Injury inflicted upon a person due to a sudden and unexpected accident that occurred during the insurance period; Article 5 (Reasons for Not Payment of Insurance Money): The Company shall not pay the insurance money 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 he/she is unable to make a free decision due to mental disorder

1. In the event that the insured dies as a direct result of the injury during the insurance period of this Special Agreement, the following amounts shall be paid to the beneficiary: (1) In the event that the insured dies as a result of the direct result of the injury during the insurance period of this Special Agreement, the company shall pay the following amounts to the beneficiary:

Article 3 (Reasons for Not Payment of Insurance Money) ① The reason for not paying the insurance money under this special agreement is in accordance with Article 5(1) of the General Terms and Conditions (Reasons for Not Payment of Insurance Money).

The Deceased died as an accident listed in attached Table No. 1 (hereinafter “instant accident”).

E. The Defendants, around August 2017, paid the Plaintiff insurance money under the instant insurance contract as the heir status of the Deceased, who is the beneficiary of the instant insurance contract.