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(영문) 청주지방법원 2015.11.25 2014가합27996
채무부존재확인
Text

1. The same list as the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff) with respect to the accident described in paragraph 2 of the attached list.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On November 26, 2012, the Defendant’s wife B (hereinafter “the deceased”) concluded an insurance contract with the Plaintiff, an insurance company, and the insured and the beneficiary, with the Deceased, with respect to the occurrence of an insured event, such as injury or death, etc., and entered into a non-dividend coverage insurance policy 1204 (hereinafter “instant insurance contract”).

Among them, the following special terms and conditions were included, and the beneficiary of the death benefit under the insurance contract of this case was determined as the legal heir of the deceased.

In the event of an injury (excluding death caused by a disease) prescribed in subparagraph 1 of the General Terms and Conditions for the Guarantee of Death of an Injury, which is caused by an accident that occurs during the period of insurance, and has died directly as a result (excluding death caused by a disease), the beneficiary shall be paid 140,000,000 won which is the total amount of the insurance coverage of this Special Terms and Conditions as the death insurance benefit.

The defendant shall pay to the beneficiary KRW 10 million, which is the total amount of insurance coverage of this special contract, if the insured specified in the insurance policy dies due to a disease which has been diagnosed and confirmed during the insurance period of this special contract for the guarantee of death of this disease.

B. At around 07:49 on May 6, 2014, the Deceased was found to be the Defendant in the state of death in the toilets located inside the Heung-gu Seoul Metropolitan Government Cheongju-gu 408 Dong-dong 2002.

다. 검안의 D은 망인의 사망 원인은 미상이라는 소견을 제시하였고, 당시 망인의 변사 사건을 담당한 경찰관은 ① 망인의 주거지에 다른 사람의 침입 흔적이 없는 점, ② 망인의 이마에 뾰족한 부분에 찍힌 것으로 보이는 “I"자 모양의 상처는 망인이 앞으로 넘어지면서 출입문틀의 모서리에 찍힌 것으로 추정되나 상처가 찢어지거나 출혈이 있는 상태는...

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