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(영문) 제주지방법원 2018.10.25 2017가합10592
채무부존재확인
Text

1. Attached Form D with respect to an accident in which the networks died on September 6, 2016 at Jeju-si E, No. 504, Gazed on the KON.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On September 6, 2016, the network D (hereinafter referred to as “the network”) without leaving a string, around E/5:15, on Jeju Island, at the warehouse 504 Self-Governing Province, the warehouse iron bars in Vietnam and the strings on the strings adjacent thereto were found to be aground, combining the strings into the strings and covering the strings with the strings.

(hereinafter “instant accident”). (b)

Defendant A is the deceased’s spouse, and Defendant B and C are children between the deceased and the Defendant.

C. The Deceased worked in Jeju District Court as a court official, and the State (competent National Court Administration) concluded a contract for an organization accident insurance of the Korean government officials of the Republic of Korea (hereinafter “instant insurance contract”) with the Plaintiff and its insurance period from December 31, 2015 to December 31, 2016, with the court official 16,884, with the insurance premium of KRW 365,353,160.

The deceased’s insurance amount of the instant insurance contract is KRW 120 million. D.

Article 3 subparag. 1 of the General Terms and Conditions of the instant insurance contract provides, “If a person dies as a direct result of an injury during the insurance period, the amount of insurance coverage shall be paid as the death insurance amount,” and Article 5(1)1 provides, “The insured shall not be paid insurance money if he/she intentionally damages himself/herself, but shall be paid insurance money if the insured has impaired himself/herself in a state that he/she cannot make a free decision due

E. On October 25, 2016, Defendant A received a claim for insurance money from the Plaintiff pursuant to Article 7 of the General Terms and Conditions of the instant insurance contract, but the Plaintiff refused to pay the insurance money.

F. Article 8(1) of the General Terms and Conditions of the instant insurance contract provides that the Defendant shall pay insurance proceeds within three business days from the date of receipt of the claim for insurance proceeds.

[Reasons for Recognition] Unsatisfy, Gap evidence 1-9 (including each number), the purport of the whole pleadings

2. Summary of the parties' arguments

A. The plaintiff.

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