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(영문) 부산지방법원 2017.07.19 2016가합40661
채무부존재확인
Text

1. As to the accidents described in paragraph 2 of the attached list, time limit for the insurance contract described in paragraph 1 of the attached list.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Article 1 (Types and Grounds for Payment of Insurance Money) (1) of the Special Terms and Conditions for Basic Fact-Findings (referring to the plaintiff; hereinafter the same shall apply) of the Insured dies as a result of a direct result of an injury during the insurance period of this Special Terms and Conditions, the following amounts shall be paid to the beneficiary as insurance

(3) In this special agreement, the term "injury" means bodily injury (including bodily assistance, such as artificial organs or parts, but including where it is replaced by its function due to a physical transplantation of a body, such as artificial organs or parts, etc.) caused by an outpatient accident, which happens rapidly and rapidly during the insurance period.

Article 3 (Reasons for Not Payment of Insurance Money) The reason for not Payment of Insurance Money under this Special Agreement is at the risk of complying with Article 18 (Reasons for Not Payment of Insurance Money) of the General Terms and Conditions.

Article 18 (Reasons for Not Payment of Insurance Money) (1) The Company shall not pay insurance money when any of the following events occurs to cause the payment of insurance money:

1. The insured's intentional intent: Provided, That if the insured has impaired himself/herself in a state that he/she cannot make a free decision due to mental disorder, etc., he/she shall pay insurance proceeds to him/her;

On April 30, 2013, the Plaintiff entered into an insurance contract between the Defendant and the insured (hereinafter “the deceased”) with B (hereinafter “the beneficiary of the death insurance money as a statutory inheritor, as shown in paragraph (1) of the attached Table, and entered into an insurance contract with the beneficiary of the death insurance money as a statutory inheritor (hereinafter “instant insurance contract”). The main contents of the instant insurance contract and general terms and conditions incorporated into the said insurance contract are as follows.

B. On July 7, 2015, the Deceased was living in the Seoul detention center, and around July 15:45, 2015, she was flicker in the toilet in the accommodation room in the above detention center, and she was first flicker.

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