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(영문) 서울중앙지방법원 2017.11.21 2017가합540818
채무부존재확인
Text

1. The plaintiff's obligation to pay insurance money to the defendant based on the insurance contract stated in the attached Form does not exist.

Reasons

1. The Plaintiff’s indication of the claim terminated at the time of delivery of a copy of the complaint of this case on the ground that the Plaintiff violated the duty of disclosure set forth in the attached Form B, which entered into on December 30, 201 with the Defendant as the insured and the beneficiary of the death, (the Defendant was diagnosed as livered on May 17, 201, prior to the conclusion of the insurance contract of this case, and received medical treatment and administered for this, and thereafter, the Defendant respondeded that there was no such fact as to the question of “matters of obligation to notify prior to the contract” at the time of the conclusion of the insurance contract of this case). The Plaintiff did not have any obligation to pay insurance money pursuant to Article 65

(B) A claim to confirm the absence of an obligation to pay insurance money to the effect that the Defendant intentionally requested the payment of insurance money after the lapse of the exclusion period of three years as stipulated in the main text of Article 651 of the Commercial Act (including the assertion that the application of the exclusion period should be excluded in accordance with the principle of good faith) after the Defendant violated such duty of disclosure as above.

2. Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act).

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