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(영문) 서울고등법원 2017.10.12 2017나2008164
채무부존재확인
Text

1. Upon a request for a change in exchange in this Court, separate entry in Attached Form 2 for each accident listed in Attached Form 1-1.

Reasons

1. The plaintiff (1) entered into an insurance contract with the defendant (the defendant on January 29, 1981) as shown in attached Form 2;

(hereinafter referred to as “instant insurance contract.” The Plaintiff and the Defendant agreed to prohibit the Plaintiff’s collection of monthly premium by visiting the Defendant with respect to each of the instant insurance contracts.

(2) The defendant did not pay the insurance premium of the first insurance contract to the plaintiff five times (as until December 199), five times (as until February 2, 2001) of the insurance premium of the second insurance contract of this case, and three times (as until February 2, 2001) of the insurance premium of the third insurance contract of this case, and did not pay the insurance premium to the plaintiff any longer.

(3) As the Defendant did not pay the insurance premium of each of the instant insurance contracts, the Plaintiff was treated as having terminated each of the instant insurance contracts. On February 15, 2008, the Plaintiff deposited the total sum of KRW 28,908 of the termination refund of each of the instant insurance contracts Nos. 1 and 2 with the Defendant’s Dormant Deposit Bank Account (Account Number C) (i.e., the termination refund of the instant insurance contract No. 15,020) (i.e., KRW 13,888).

(4) On the other hand, on May 17, 2006, the Plaintiff’s mother and the insured are D’s mother and the Defendant and the beneficiary, and the Defendant and the beneficiary, respectively. (hereinafter “inward insurance contract”).

(5) On August 20, 2012, the Defendant was subject to the organization inspection by the G Hospital on the part of the G Hospital, and was subject to the self-presidential climatic cliffic clific clific clific clific clific clific clific clific clific clific clific clific clific clific clific clific clific clifics

(1) Upon delegation from D, the Defendant filed a claim with the Plaintiff on September 24, 2012 for the payment of insurance proceeds related to cancer surgery and diagnosis based on the insurance contract of Nonparty 1 due to the instant accident, and the Plaintiff filed a claim with D on September 26, 2012 for the insurance proceeds of cancer surgery KRW 13,50,000 and cancer with D on September 26, 2012.

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