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(영문) 대구지방법원 2017.08.10 2016가단131882
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. On June 18, 2014, the Plaintiff entered into an insurance contract for non-dividend spectrumN (Hi1404) basic franchise (hereinafter “instant insurance contract”) with the content as indicated in the [Attachment] setting the insurance period from June 18, 2014 to June 18, 2063 as Defendant A and his husband as the insured, and the category of collateral was determined as a basic contract, injury death security, etc.

B. Defendant A is the wife of Defendant A, and Defendant B and C are their children.

C. On September 8, 2016, D took place by dividing four branches into four branches at a restaurant located in Seo-gu, Daegu-gu E restaurant. However, following the day, D brought about a drug due to abnormal symptoms similar to his body, but the symptoms were not good, and it was presented to the emergency room for veterans hospitals on September 11, 2016.

After that, after being transferred to Daegu City Tol Hospital, the medical treatment was provided, but around 17:35 September 13, 2016, the bbbropio was killed.

Under the instant insurance contract, the term “injury” refers to bodily injury inflicted upon a person due to a sudden and unexpected accident that occurred during the insurance period, and the insured amount due to the security for death of an injury is KRW 150 million.

E. After the above accident, the Defendants, the inheritor of D, filed a claim with the Plaintiff for insurance proceeds based on the death security of the injury during the cover of the instant insurance contract, as the death of D was caused by an injury suffered by an external accident.

(f) Nonbbromotosis is infected when reproductive of fish and shellfish contaminated by acute subpulp infections, or when they come into contact with sea water contaminated by the upper part of the skin;

When infections are accompanied by symptoms, such as acute heat, erroneous, snow death, etc., and when 36 hours have passed after the outbreak, the skin disease shall occur, and the death rate shall reach 50%.

[Grounds: Facts without dispute, entry of Gap 1 through 6 (including paper numbers), purport of the whole pleadings]

2. Summary of the parties' arguments

A. Injury and death security of the Plaintiff’s insurance contract is the insured.

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