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(영문) 서울중앙지방법원 2017.09.15 2016가단5263020
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff entered into an insurance contract with Nonparty B, with B as the insured and the contractor, with the insurance period from November 24, 2006 to November 24, 2016; and the content of the security was determined as a security for the aftermath of injury, etc., and entered into an undividend Plusty insurance contract (hereinafter “instant insurance contract”).

B. On April 29, 2016, B: (a) took a trip with Nonparty C, who is the spouse, to Thailand; (b) was discovered in a swimming pool outside a hotel in the morning, and was transferred to the hospital after receiving first aid after being found out of water; (c) died on May 1, 2016.

C. The Defendant is the child of B, and the Plaintiff claimed for the payment of the insurance proceeds for the death of injury on the ground that the Plaintiff was able to die while the Defendant was in Thailand, and the Plaintiff refused the payment of the insurance proceeds on the ground that the Plaintiff did not compensate for the injury as a security for the injury after death.

In relation to this case, the contents of the special terms and conditions for the injury, death, and disability security in the insurance contract shall be as follows:

Article 1 (Compensation for Loss) (1) An insurance company shall indemnify the insured, as described in the insurance policy, for any loss of body caused by the injury to his/her body due to a sudden and remote accident that happens during the insurance period, be set aside in accordance with this special terms and conditions.

Article 3 (Insurance Money for Injury Death) (1) If the insured has suffered an injury due to an accident as provided for in Article 1 and died as a result of his/her own death within two years from the date of the accident, the company shall pay the amount of insurance money for the injury after the death of the insured specified in the insurance policy (insurance Policy) to the beneficiary as the insurance money for death of the injury.

[Grounds for Recognition: Evidence Nos. 1 through 5, Evidence No. 7, Evidence No. 1, and the purport of the whole pleadings]

2. The parties' assertion

A. The Plaintiff’s assertion that the death security of the insurance contract of this case is an insured worker’s accident is rapidly and incompetent.

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