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(영문) 서울중앙지방법원 2015.07.14 2015가단5065427
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts do not conflict between the Parties:

The plaintiff is a company that runs the insurance business such as life insurance.

B. On July 29, 2004, Nonparty D (hereinafter “the deceased”) entered into a standard type of life insurance contract with the Defendant, the deceased, and the beneficiary upon the death of the insured (hereinafter “instant insurance contract”) with the content that the insured would pay the insurance proceeds for the death of the insured, and entered into the “standard type of life insurance contract without dividends” (hereinafter “principal contract under the instant insurance contract”). In addition, Nonparty D entered into a special agreement for death of a disaster (hereinafter “instant special agreement”) with the insured amount as KRW 100 million.

C. The Deceased committed suicide on June 6, 2014.

On June 19, 2014, Defendant A and C, the wife of the deceased, claimed insurance money from the deceased’s death to the Plaintiff. On June 24, 2014, the Plaintiff paid KRW 100 million, including the general death insurance money under the main contract, to the Defendants who were the Defendants.

2. The parties' assertion

A. The deceased committed suicide, and this constitutes a death caused by “the insured intentionally injures himself”, which is an exemption from the payment of insurance money under the terms and conditions of the contract of this case, and thus, the defendant has no obligation to pay the insurance money resulting from the accident.

B. The Plaintiff is obligated to pay KRW 100,000,000 to the Defendants, the deceased’s heir, for the death benefit under the instant special agreement.

3. According to the purport of each of the statements in Gap evidence Nos. 3 and 4, the instant special agreement provides that ① the amount of insurance coverage shall be paid when the person dies due to a disaster specified in the disaster classification table during the insurance period, ② the above disaster classification table provides that the person subject to insurance shall not pay insurance proceeds. ③ Meanwhile, if the person subject to insurance intentionally damaged himself/herself, the insurance proceeds shall not be paid after two years from the commencement date of the guarantee of the contract.

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