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(영문) 서울고등법원 2017.12.15 2017나2000405
채무부존재확인
Text

1. The judgment of the first instance, including the Defendant (Counterclaim Plaintiff)’s counterclaim filed in the trial, is as follows.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On October 7, 2013, E entered into an insurance contract with the Plaintiff listed in attached Table 2 (hereinafter “instant insurance contract”).

E, at the time of entering into the first insurance contract of this case, subscribed to the special terms and conditions for guaranteeing death (Renewal). According to the above special terms and conditions, where the insured died as a direct result of the injury during the insurance period, the Plaintiff shall pay KRW 150 million to the beneficiary.

Under the above special terms and conditions, "injury" refers to "injury to a person's body caused by a sudden and remote accident that occurred during the insurance period," and Article 3 (2) 3 of the above special terms and conditions provide for the following reasons for exemption:

Article 3 (Reasons for Not Payment of Insurance Money) (1) The reason for not paying the insurance money under this special agreement shall be in accordance with Article 24 (Reasons for Not Payment of Insurance Money) (1) of the General Terms and Conditions.

(2) In addition to the provisions of paragraph (1), unless otherwise agreed by the company, the company shall not pay the relevant insurance proceeds when any ground for paying the insurance proceeds in relation to the injury provided for in Article 1 occurs due to any of the following acts listed in the following subparagraphs for the purposes of occupation, duties, or club activities:

3. During the period in which a crew member, a fishing boat, a shooting boat, or a person engaged in other duties to board a ship is on board a ship for his/her duties;

B. On October 13, 2015, Defendant D entered into an insurance contract with the Plaintiff listed in attached Table 3 (hereinafter “instant insurance contract”).

The terms and conditions of the second insurance contract (Article 5(2)) of this case also are as follows.

The same exemption as the description of the claim (hereinafter referred to as "the exemption of this case") is stipulated.

C. As to the job of the insured Party E, at the time of entering into the instant insurance contract, the officer of other non-profit organizations was notified to each Plaintiff at the time of entering into the instant insurance contract.

E on October 30, 2015

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