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(영문) 수원지방법원 2017.11.16 2016가단800279
채무부존재확인
Text

1. With respect to an accident described in the separate sheet (1), the Plaintiff (Counterclaim Defendant) based on the insurance contract stated in the separate sheet (2).

Reasons

1. Basic facts

A. On October 23, 2013, the Plaintiff entered into a multilateral driver insurance contract (hereinafter “instant insurance contract”) with the deceased, stating that the insurance period shall be from November 15, 2013 to November 15, 2016, and that if the deceased died due to a traffic accident, the legal heir shall pay KRW 100 million out of the insurance amount (hereinafter “instant insurance contract”).

B. Article 5 of the General Terms and Conditions of the instant insurance contract provides for the grounds for not paying insurance proceeds. Article 5(2)3 of the same Act provides that, while the insured is on board a ship as a crew member, a fisher, a deceased person, or a person engaged in other duties to board a ship, the insured shall not be paid insurance proceeds for any traffic injury resulting from an occupation, occupational act, and death accident resulting therefrom.

(hereinafter referred to as “instant exemption clause”). C.

In around 2011, the deceased joined the Dwork and retired from office as the captain of E. From January 1, 2015, the deceased joined the Korea Development Corporation and was in charge of F (hereinafter referred to as “instant vessel”)’s captain’s duty to induce the entry of the instant vessel and passengers.

On June 25, 2016, around 12:45, the Deceased left the port of the port of overseas water and entered the guard boat at the front of the instant vessel. However, there was an accident where the 1st cost of the vehicle was at the speed of the Deceased, and the Deceased died of the said accident.

E. Defendant A is the deceased’s spouse, and Defendant B is the deceased’s spouse.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 8, purport of whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion is while the Deceased, who is the insured, is performing the duties of passengers and vehicles on the deck of the ship.

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