(Chuncheon)Confirmation of the existence of the obligation of 2012Na1059 (principal office)

Chuncheon.2012Na1066 (Counterclaim) Confirmation of the existence of any obligation

Hyundai Maritime Fire Insurance Corporation

1. A;

2. B

3. C

Defendant 2 and 3 are minors, and the legal representative parent A

4. D;

Since it is a minor, the legal representative E

Chuncheon District Court Decision 2011Gahap6840 decided May 17, 2012 (main office);

2012 Gohap153 (main office) Judgment

October 31, 2012

November 14, 2012

1. All appeals filed by the Plaintiff (Counterclaim Defendant) are dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant) by aggregating the principal lawsuit and counterclaim.

1. Purport of claim

A. Main suit: (a) it is confirmed that there is no obligation to pay insurance money to the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) based on each insurance contract listed in the separate sheet regarding an accident that died while Nonparty F was engaged in diving operations for garbage removal at the sea near the Samk-si Port near the Samk-si Port; and (b) Nonparty F did not have any obligation to pay insurance money to the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) under each insurance contract listed in the separate sheet.

B. Counterclaim: The plaintiff (Counterclaim defendant) shall pay to the defendant (Counterclaim plaintiff) 86,66,66 won, each of the 57,777,777 won to the defendant (Counterclaim plaintiff), B, C, and D, and each of the above amounts shall be paid 6% per annum from May 20, 201 to the first instance judgment, and 20% per annum from the next day to the date of full payment.

2. Purport of appeal

The part against the plaintiff in the judgment of the court of first instance shall be revoked, and the claim against the principal lawsuit among the revoked part shall be claimed.

A. The judgment like paragraph (1) is based on the judgment that all the defendants' counterclaim claims are dismissed.

1. Quotation of judgment of the first instance;

The reasoning for this Court’s explanation concerning this case is as follows: (a) it is identical to the entry of the first instance court’s reasoning in addition to the addition of the Plaintiff’s additional arguments in the trial and its determination as stated in paragraph (2). Therefore, it is acceptable to accept this as it is in accordance with the main sentence of

2. The contents and judgment on the plaintiff's additional assertion in the trial

A. Summary of the assertion

According to Article 17 of the General Terms and Conditions of each of the instant insurance contracts, "if the insured suffers an injury due to an insured event," the insurance proceeds shall be reduced in cases of "if the insured suffers an injury due to an insured event, due to the physical injury or disease already existing, or due to the influence of the disease." As such, since the insured of the instant accident had a significant impact on the king certificate suffered from the previous injury, it shall

B. Determination

With regard to the fact that F, the insured, suffered from the king certificate related to the instant accident, it is insufficient to recognize the fact-finding results by the fact-finding results on the chief of the National Health Insurance Corporation's branch office of the National Health Insurance Corporation at the time, and there is no other evidence to acknowledge it. Therefore, the Plaintiff's above assertion

3. Conclusion

Therefore, the judgment of the court of first instance is legitimate, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

Judges Kim Jong-soo

Judges Kim Jong-chul

Judges Yang Ro-soon

A person shall be appointed.