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(영문) 부산고등법원(창원) 2014.05.15 2013나20772
채무부존재확인
Text

1. Revocation of the judgment of the first instance on the principal lawsuit, and the Plaintiff (Counterclaim Defendant)’s claim on the principal lawsuit is dismissed.

2. Counterclaim;

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. In relation to the network E (hereinafter “the deceased”), Defendant A is wife, and the rest of the Defendants are children.

On June 23, 2005, Defendant A entered into the instant mutual aid agreement between the Plaintiff and the policyholder, the Deceased, the Deceased, and the beneficiary statutory heir at the time of death, as shown in the attached list.

B. The main contents of the terms and conditions of the instant mutual aid agreement (hereinafter “instant terms and conditions”) are as follows.

Article 7 Termination of the Contract (1) If the cause for the payment of mutual aid money prescribed in this Clause is no longer possible due to the death, etc. of the Insured, this Agreement shall not become effective from that time.

(2) If the beneficiary dies due to any cause other than disaster during the period of mutual aid, the liability reserve as at the time of his/her death shall be paid, and this contract shall not become effective from that time

Article 16 (Types and Grounds for Payment of Mutual Aid Money) The Plaintiff shall pay the beneficiary mutual Aid money (see attached Table 1 “Mutual Aid Payment Schedule”) agreed to the beneficiary in any of the following cases:

1. When the beneficiary dies directly due to a disaster during the mutual aid period: the mutual aid accident in which the beneficiary does not pay the mutual aid money under Article 18 of the Mutual Aid Fund for Accident Death ① The plaintiff is entitled to terminate the mutual aid agreement at the same time as not paying the mutual aid money or exempting the payment of the mutual aid money when any of the following events occurs:

1. Where the beneficiary intentionally damages himself/herself in the state of mental illness, however, the beneficiary has committed suicide or has harmed himself/herself after two years from the date of commencing the liability for the contract (in the case of an inevitable contract, after the date of restoration subscription).

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