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(영문) 전주지방법원 2018.01.18 2016가합3156
채무부존재확인
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 42,857,142 to the Defendant (Counterclaim Plaintiff) and KRW 28,571,429 respectively to the Defendant (Counterclaim Plaintiff) C and D.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The pertinent Plaintiff of the parties is an insurer who entered into an insurance contract with the deceased F (hereinafter “the deceased”). Defendant B’s spouse, Defendant C, and D are the deceased’s children and are legal successors.

B. 1) On December 12, 2014, the Deceased entered into an insurance contract with the Plaintiff on December 12, 2014, each of the respective insurance contracts listed in attached Table 2, where the beneficiary of death is a legal heir (hereinafter “each of the instant insurance contracts”).

(2) Of the general terms and conditions of each of the instant insurance contracts and the amount of insurance coverage in the contract sheet, the content of the instant case is as follows.

Section 2 of the General Terms and Conditions (Definition of Terms and Conditions) The definitions of terms and conditions used in this Agreement shall, unless otherwise defined in other provisions of this Agreement, be as follows:

(2) Terms involved in the cause of payment

1. Injury: It means an injury sustained by a body (excluding physical assistance equipment, such as artificial organs, artificial legss, artificial arms, and artificial arms, but including where such equipment is transplanted and substituted by its function) due to a sudden and incidental accident that occurred during the insurance period;

Article 3 (Grounds for Payment of Insurance Money) The Company shall pay the insured insurance money agreed upon to the beneficiary in any of the following cases:

1. He/she shall pay the amount of insurance coverage stated in the insurance policy (hereinafter referred to as "amount of death insurance coverage") if he/she dies as a direct result of an injury during the insurance period (excluding death due to a disease) to the beneficiary of the death insurance;

00,000,000

C. (1) On March 26, 2015, the Deceased’s death (hereinafter “the first operation”) was performed at the Jeonbuk University Hospital on the part of March 26, 2015 on the part of the Deceased, under the diagnosis of a pulous blood transfusion (hereinafter “the context”).

(b).

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