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(영문) 부산고등법원 2015.05.12 2014나6824
채무부존재확인
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be principal lawsuit and counterclaim.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows: "A evidence No. 8 shall be comprehensively taken into account the purport of the entire pleadings in Eul evidence No. 8" in Part 10, 13 of the reasoning of the judgment of the court of first instance; "The whole purport of arguments is taken into account with respect to the records No. 8 and the purport of the entire pleadings in the medical record appraisal request with respect to the chief executive officer of the Korean Association of Medical Doctors of this Court," and the reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment, except for adding the following judgment to the corresponding part,

2. The Plaintiff asserts that additional determination constitutes damage caused by the insured’s disease, which is the reason for exemption under Article 16(1)5 of the Insurance Contract of this case, since the deceased died as part of the symptoms of depression.

However, in light of the above reasons and the reason for the death of the deceased and the result of the request for the examination of medical records to the president of the Korean Medical Association, it is difficult to view that the death of the deceased was due to internal causes of the death of the deceased, and thus, we cannot accept the Plaintiff’s assertion on this part.

3. In conclusion, the defendant's counterclaim claim is justified within the above scope of recognition, and all of the plaintiff's main claim and the defendant's remaining counterclaim claims are dismissed as it is without merit. The judgment of the court of first instance is just in conclusion, and the plaintiff's appeal against the main claim and counterclaim is dismissed as it is without merit. It is so decided as per Disposition.

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