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(영문) 대전지방법원 2018.01.10 2016가합102188
채무부존재확인
Text

1. The plaintiff is based on each insurance contract described in paragraph 1 of the attached list with respect to the accidents described in paragraph 2 of the attached list.

Reasons

1. Basic facts

A. The Plaintiff is a company running an insurance business, such as non-life insurance, and Defendant A is the husband of the network D (hereinafter “the deceased”), and Defendant B and Defendant C are the children of the deceased.

B. The Plaintiff and the Deceased and the Insured entered into each insurance contract listed in paragraph (1) of the attached Table No. 1 (hereinafter collectively referred to as “each of the above insurance contracts”) with statutory successors.

C. The special terms and conditions of each of the instant insurance contracts stipulate that “in the event that the insured dies as a direct result of the injury during the insurance period, the amount of insurance coverage shall be paid to the beneficiary,” and that “in the event of an injury” refers to a bodily injury caused by a sudden and unexpected accident that occurred during the insurance period, and that “in the event that the insured has intentionally caused the cause for the payment of insurance money,” and that “in the event that the insured has intentionally caused the occurrence of the cause for the payment of insurance money: Provided, That in the event that the insured has damaged himself/herself under a condition that he/she

On May 26, 2015, at around 10:17, the Deceased died on the ground of 105 Dong-dong 24 (hereinafter “instant apartment”). On the ground of the Vararara Handra, the deceased felled on the ground from the bendra Handra, and died on the ground of the multiple diversity damage (scar, clothes, and dubs).

(hereinafter the above death accident is referred to as the "accident of this case"). 【No dispute over the ground for recognition】 【No dispute over the facts of Gap's 1 through 9, each entry of Eul's 3 and 8 (including the provisional number, hereinafter the same shall apply), the inquiry of the fact about the Daejeon East chief of the Daejeon District Department, the purport of the whole pleadings as a whole.

2. The parties' assertion

A. The Plaintiff’s primary assertion is that the accident of this case was the death of the deceased, so it does not fall under the requirements for compensation of each insurance contract of this case, since the accident of this case was not the death of the deceased rapidly and rapidly under the terms and conditions of insurance.

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