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(영문) 서울고등법원 2015.10.21 2015나2024766
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. The court's explanation of this case is the same as the statement of the reasons for the judgment of the court of the first instance except for dismissal or addition as follows. Thus, this case shall be quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The judgment of the court of the first instance on the fourth 14th (the part to be removed or added) is referred to as “whether it falls under.” Even if the death of the deceased does not fall under an accident due to gross negligence, it constitutes the death due to disease.”

The following shall be added to the 4th 16th 2nd 16th 16th 17th 17th 16th 100.

1) The Plaintiff is obligated to pay the insurance proceeds to the Defendants, barring any special circumstance, inasmuch as the Plaintiff suffered injury during the insurance period of the instant case and died as a direct result of the accident occurred. 2) The Plaintiff is obligated to pay the insurance proceeds to the Defendants, barring any special circumstance.

B. According to the descriptions of Gap evidence Nos. 1 and Eul evidence Nos. 3, Eul evidence Nos. 4 and 6, each part of Eul evidence Nos. 3, and each part of Eul evidence Nos. 4 and 6, the deceased took urines from a large toilets opened to the public, and reported to 112 by himself/herself, "to live," and the intention of death in a death certificate shall be determined as "unsury," and the type of death shall be defined as "foreign personnel," and the fact that the net income for the deceased in 2014 operated by the deceased has increased compared to the previous year.

However, in light of the following circumstances, the above adopted evidence and evidence No. 3 as well as the purport of the entire pleadings, it can be acknowledged that the death of the deceased was caused by intention. The evidence alone presented by the Defendants is insufficient to recognize the fact that the death of the deceased was caused by disease, and there is no other evidence to acknowledge it.

(1) The deceased’s death degree becomes aware of indecent conduct by the deceased.

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