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(영문) 대전지방법원 2017.01.12 2015가단10711
채무부존재확인
Text

1. The plaintiff is based on the insurance contract described in Paragraph 2 of the attached list with respect to the accident described in Paragraph 1 of the attached list.

Reasons

Facts of recognition

A. A. Around July 30, 2009, the Defendant entered into an insurance contract with the Plaintiff, an insurance company, and the Defendant entered into an insurance contract in attached Table No. 2 (hereinafter “instant insurance contract”) with the purport that the Plaintiff shall pay the insurance proceeds for the residual disability in accordance with the terms and conditions of the contract if the Defendant suffered from an accident.

B. On the other hand, around 05:25 on January 21, 2010, the Defendant was subject to an accident that conflicts between the head of B, who was placed in a swimming pool at the same place, and the left part of the Defendant’s snow (attached Form No. 1; hereinafter “instant accident”).

C. On December 21, 201, the Defendant was diagnosed on December 21, 201, at the Daejeon Estol University Hospital that the instant accident occurred, such as “contributate loss”.

On November 19, 2014, the Defendant filed a claim with the Plaintiff for the insurance proceeds of disability under the instant insurance contract on the ground that the Defendant suffered from the harm caused by the instant accident, and the Defendant notified the Plaintiff that the insurance proceeds cannot be paid to the Plaintiff on April 5, 2015.

[Based on the fact that there is no dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 3 through 6 (including a serial number if any), and the fact that the occurrence of the insurance claim to determine the purport of the whole pleadings was established, barring any other special circumstances, the plaintiff is obligated to pay insurance money to the defendant in relation to the harm inflicted on the defendant due to the accident in this case, as stipulated in the insurance contract of this case.

As to the completion of the statute of limitations, the Plaintiff’s right to claim based on the instant insurance contract has expired since December 21, 201, when the Defendant received the diagnosis of the disability attributable to the Plaintiff at the latest or on the date of the instant accident. Since the Defendant claimed insurance money to the Plaintiff after the lapse of two years, the Defendant’s right to claim the above insurance money has expired.

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