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(영문) 서울고등법원 2016.01.08 2015나2039409
채무부존재확인
Text

1. Revocation of a judgment of the first instance;

A special agreement between the Plaintiff (Counterclaim Defendant) and the network B is made among the insurance contracts listed in the attached list.

Reasons

1. Basic facts

A. On January 28, 2003, the deceased B (hereinafter “the deceased”) entered into an insurance contract with the deceased and the beneficiary’s wife at the time of death, and the “standard type of non-distribution type of life insurance” (hereinafter “instant prime contract”) with the life of the insurance period, and entered into a non-distribution accident death agreement (hereinafter “instant non-distribution accident death agreement”) with the insurance amount of KRW 140 million and up to 80 years from the date of the subscription of the insurance period.

(hereinafter) The main contract of this case and the special agreement for the death of the disaster of this case are referred to together with the main contract of this case. (b)

According to the insurance contract of this case, where the deceased who is the insured dies due to a disaster specified in the Disaster Classification Table during the insurance period, the plaintiff additionally pays 140 million won to the defendant as the insurance amount for the death of a disaster.

Specific details are as follows:

Article 14 (Types and Grounds for Payment of Insurance Money) (1) The Company shall pay the insured money agreed upon to the beneficiary when any of the following events occurs to the insured:

1. When he/she dies during the period of insurance: Amount of insurance purchased;

2. When the state of disability of class 1 in the disability classification table prescribed in attached Table 2 during the insurance period: The amount of insurance coverage (accidents for which no insurance money is paid) (1) the company may terminate this contract simultaneously with the failure to pay insurance money or exemption from the payment of insurance premium if any cause for the payment of insurance money occurs due to any of the following cases:

1. Where the insured intentionally damages himself/herself, however, he/she commits suicide or injures himself/herself after the lapse of two years from the date of commencement of liability (in cases of an inevitable contract, the date of reinstatement subscription) of the contract where the insured has impaired himself/herself in a state of mental illness;

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