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(영문) 대구지방법원 2015.10.02 2015가단109444
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. At around 16:00 on January 18, 2015, D had an accident that she was faced with her head on the trees of the roadside while getting down in the direction of a sweldian in the conditions of the Socari-gun, Samju-gun, Mari-gun, Samju-gun, G, who was going down in the direction of a sweldian.

B. After the accident, D had been aware of consciousness, and complained of the pain part of wood and Huuri, but lost the awareness of occupation, and around 17:09 on the same day, D went to the scene and sent D to the Jeonbuk University Hospital, but died during the transmission.

(hereinafter referred to as “D”). C.

After the death of the deceased, Defendant A, the deceased’s spouse, and Defendant B and C inherited the deceased’s property.

On the other hand, on September 21, 201, the Plaintiff: (a) died as a direct result of the Plaintiff’s insurance contract from September 21, 201 to September 21, 2041; (b) the insured was the Deceased; and (c) the Plaintiff entered into a non-paid comprehensive insurance contract that provides for payment of KRW 60,000,000 of the insurance money in the case of a general injury; and (d) the Plaintiff’s “the Plaintiff” under Article 1 of the Special Clause of the said insurance contract (hereinafter “instant insurance contract”) excludes the insured from the bodily aids, such as physical aids, such as trees, artificial organs or parts, artificial organs or parts, but, in the event that the insured died (excluding death caused by a disease), the amount of the death insurance contract is not designated as the beneficiary of the insured (including cases where the heir of the insured is not designated as the beneficiary of the insurance policy) during the insurance period.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 8, Gap evidence No. 9-1 through 3, the purport of the whole pleadings

2. The parties' assertion

A. According to the Plaintiff’s insurance contract, the Plaintiff, the insured, suffered from a sudden and unexpected accident even after the Deceased’s death.

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