logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원평택지원 2019.02.14 2018가합8608
채무부존재확인
Text

1. The plaintiff under an insurance contract in accordance with the attached Table No. 2 with regard to the accident described in paragraph 1 of the attached Table.

Reasons

1. Basic facts

A. On May 30, 201, the Plaintiff and the Defendant concluded an insurance contract (hereinafter “instant insurance contract”) with the same content as indicated in paragraph (2) of the [Attachment List No. 2].

B. On August 26, 2013, the Defendant did not pay the premium after the last payment of the premium for August 2013 (28th).

C. On November 7, 2013, the Plaintiff announced the Defendant that the insurance premium was not paid normally by telephone.

On November 12, 2013, the Plaintiff again made a phone call to the Defendant, and the Defendant terminated the defective phone call to verify the identity of the Plaintiff.

On November 16, 2013, the Plaintiff provided the Defendant with a new guidance on the unpaid insurance premium by telephone.

On November 25, 2013, the Plaintiff, who did not pay the insurance premium, sent the notice of payment of the insurance premium and the notice of effective guidance to the Plaintiff by registered mail at the domicile registered by the Defendant, which was returned to the addressee’s unknown around December 2, 2013.

E. Around March 10, 2015, while driving a five-ton truck, the Defendant was engaged in cutting off upper part of the slots that were not on both sides due to traffic accidents.

(F) On June 26, 2016, the Defendant changed the Defendant’s address through the Plaintiff’s website, and on January 17, 2018, filed a claim with the Plaintiff for the payment of the insurance proceeds for the instant accident.

G. The terms and conditions of the instant insurance contract pertaining to the instant case are as follows.

Article 12 [Peremptory Notice of Payment of Insurance Premiums and Termination of Contracts] (1) In cases where a contractor fails to pay insurance premiums by the due date on which the second or subsequent payment date of the insurance premiums has not been made, a company shall set a period of not less than 14 days as the peremptory notice of payment (if the last day of the payment peremptory period falls on a Saturday or a holiday, the period shall expire on the following day) and may demand the policyholder [in cases of an insurance contract for another person, including a specified beneficiary (including a beneficiary)] within the payment peremptory notice.

arrow