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(영문) 대구고등법원 2016.03.16 2015나22398

채무부존재확인

Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. The Plaintiff entered into three insurance contracts with the deceased (hereinafter collectively referred to as “instant insurance contracts”) as follows (Evidence A No. 1-3), and all the insured are D, and the beneficiary of death insurance is a statutory heir.

The amount of the insurance product covered by the relevant insurance contract (original injury) as one of the 100,000,000,000 to 100,000,000 or January 9, 2064 of the Basic Contract (General Injury, Death, Death, Injury, Injury, Injury, Injury, Death, Injury, Injury, etc.) 50,000,000 from November 3, 2006 to November 3, 204, 2006 to 10,000,000,000,000 under the Integrated Insurance Basic Contract (General Injury, Injury, Death, Injury, Injury, etc.) 10,00,000,000 to November 3, 204. < Amended by Act No. 9932, Jan. 8, 2000>

D (hereinafter referred to as “the deceased”) died on March 24, 2012 at the small bank of the residence (e.g., North-gu E 101 Dong 2009) (e.g., North-gu, North-si, Ma 1009) on his/her own.

(hereinafter “instant accident”). The Defendants, the deceased’s heir, claimed the Plaintiff to pay the insurance money on September 2, 2014, but were rejected.

C. Terms and conditions of the instant insurance contract (Evidence 3-2, 4, 6, hereinafter “Terms and Conditions”) stipulate as follows:

Article 14 (Compensation for Loss) (1) If the insured has sustained bodily injury due to a sudden and incidental accident during the term of insurance (hereinafter referred to as “accident”), the company shall be bound to compensate for the injury (hereinafter referred to as “damage”) in accordance with the terms and conditions.

Article 15 (Compensation for Non-Compensation) (1) The Company shall not pay compensation for any loss arising from the following causes:

1. The intention of the insured;

4. Self-injury by the insured, suicide, attempted suicide, criminal act under the Criminal Act or act of violence (Provided, That if it is recognized as self-defense under the Criminal Act, emergency evacuation, or legitimate act, compensation shall be made for it);

6. An insured person's mental illness or mental illness under Article 16 (Death Insurance Money) (1).

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