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(영문) 인천지방법원 2018.10.30 2018가단234107
채무부존재확인
Text

1. The plaintiff is based on the insurance contract stated in the attached Table No. 2 with respect to the accident described in the attached Table No. 1.

Reasons

1. Basic facts

A. Defendant C is the father of D (EE, death on January 24, 2018, and hereinafter “D”) and Defendant B is the mother of the deceased.

B. On March 2014 or April 2014, the Deceased concluded an insurance contract on the part of the Deceased, the beneficiary of the insurance money upon the death of the insured, such as the statutory heir, the insurance/payment period of 80 years to 30 years of age and 80 years of age and 100 million won, etc. (hereinafter “instant insurance contract”).

C. Some of the terms and conditions applicable to the instant insurance contract are as follows.

1. Article 1 (Types and Grounds for Payment of Insurance Money) of the General Clause for Injury Death (Article 1 (Types and Grounds for Payment of Insurance Money) of the General Terms and Conditions for Injury Death shall include cases where an insured person (person subject to insurance) suffers an injury during the insurance period [excluding physical assistance equipment, such as clothes, artificial organs, artificial arms, and arms, due to a sudden and unexpected accident that occurred during the insurance period, but such function shall be replaced by an injury

(i)in the event of death as a direct result of the injury sustained (hereinafter referred to as the "Bodily Injury"), the amount of insurance coverage under this Special Terms and Conditions shall be paid to the beneficiary [where there is no designated beneficiary (person receiving the insurance money), the heir of the insured (person receiving the insurance money)] as the insurance benefit (if there is no designated beneficiary (person receiving the insurance money), the beneficiary shall be bound to pay it.

2. The company under Article 21 of the General Terms and Conditions (Grounds for Not Payment of Insurance Money) shall not prevent insurance money when any of the following events occurs to cause the payment of insurance money:

1. The intention of the insured person: Provided, That where the insured person is unable to make a free decision due to mental disorder, etc., he/she is unable to pay insurance proceeds to him/her;

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

E. The Defendants on April 16, 2018

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