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(영문) 수원지방법원 2014.12.23 2014가단39813
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On January 31, 2011, and March 14, 2011, the Plaintiff concluded each insurance contract as indicated in the separate sheet with Nonparty D (hereinafter referred to as “the deceased”).

On February 19, 2014, the deceased died after leaving a bridged car on the deceased’s possession, which was parked in the Yongsan Park Cemetery.

On March 20, 2014, the Defendants, the deceased’s inheritor, claimed for the death benefit against the Plaintiff.

Under each of the above insurance contracts, the insured shall pay the amount of insurance coverage of the general terms and conditions as the injury death insurance if he/she dies as a direct result of the injury that occurred after 15 years of age during the insurance period.

(15) Article 15(1) of the Act provides that the insured shall not pay insurance proceeds if a cause for the payment of insurance proceeds arises due to an intentional act, but the insured shall not pay insurance proceeds if he/she has impaired himself/herself under a condition that he/she is unable

(17(1)1 of Article 17. However, in full view of the circumstances that were caused by the death of the deceased, the deceased made phone call to the South and North Korea immediately before the occurrence of the death and requested the family of the deceased, the deceased was unable to have boom the vehicle, and the death of the deceased was caused by suicide, and thus, the Plaintiff is not liable for the payment of insurance money due to the death of the deceased.

2. According to the purport of the entire arguments, as asserted by the Plaintiff, the cause of the deceased’s death is an fluorane addiction, which was caused by pinane in the tea, and it is recognized that the deceased’s suicide was proposed by saying that the deceased’s request was made by using the last phone to the wife E and by calling for his family.

However, according to the above evidence and the purport of the whole arguments, the deceased was frightened to the string of the tin as he had been frighted, and there was a brut, a portable gas burner, and a brut bomb at the time.

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