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(영문) 청주지방법원영동지원 2016.07.20 2015가합614
채무부존재확인
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The plaintiff (Counterclaim defendant) is liable to the defendant (Counterclaim plaintiff) for each of 125.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a corporation established for the purpose of insurance business, etc. which can be run under the Insurance Business Act and relevant statutes.

On January 27, 2014, the Plaintiff concluded an insurance contract (hereinafter “instant insurance contract”) with Defendant A and Dong C (name D before and after the opening of name, regardless of whether before and after the opening of name D; hereinafter referred to as “the deceased”).

B. Main contents of the insurance terms under the instant insurance contract are as follows.

In other words, "the insured (the insured) shall be paid 250,000,000 won of the insurance money to the beneficiary when he/she dies due to an injury during the insurance period [excluding physical assistance equipment, such as artificial organs or parts, but including cases where physical assistance equipment, such as artificial organs or parts, is transplanted, and such function is replaced) caused by a sudden and incidental accident that occurred during the insurance period."

C. On August 6, 2014, at around 22:10, the Deceased was found to have died in a river equivalent to about 50cm in front of a swine stable E in the Chungcheongbuk-dong, Chungcheongnam-do.

(hereinafter referred to as “instant accident”)

D. The Defendants are parents of the Deceased, and are legal successors of the Deceased.

【Ground of recognition】 The fact that there is no dispute or no clear dispute, Gap's evidence 1 through 9, Eul's evidence 1 and 2 (including each number, if any; hereinafter the same shall apply), the witness F's testimony, the whole purport of pleading

2. The parties' assertion

A. The summary of the Plaintiff’s assertion is that the deceased died of a disease such as high blood pressure, etc., and cannot be deemed as “injury caused by an outboard accident” as stipulated in the instant insurance contract, and cannot be deemed as having proved the causal relationship between the accident of this case and the death of the deceased without the autopsy on the deceased. 2) The deceased did not directly sign the instant insurance contract at the time of the conclusion of the instant insurance contract.

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