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(영문) 인천지방법원 2016.12.16 2016가합55987
채무부존재확인
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On October 7, 2013, E entered into an insurance contract with the Plaintiff listed in attached Table 2 (hereinafter “instant insurance contract”).

E At the time of the conclusion of the first insurance contract of this case, the insured was subscribed to the special terms and conditions for guaranteeing the death of injury (Renewal). According to this, when the insured died as a direct result of the injury during the insurance period, the Plaintiff shall pay KRW 150 million to the beneficiary. The above special terms and conditions refer to the "injury inflicted upon the body of the body caused by a sudden and unexpected accident that occurred during the insurance period," and the above special terms and conditions include the following reasons for exemption (hereinafter referred to as "the reasons for exemption of this case").

Article 3 (Reasons for Not Payment of Insurance Money) (1) The reason for not paying the insurance money under this special agreement shall be in accordance with Article 24 (Reasons for Not Payment of Insurance Money) (1) of the General Terms and Conditions.

(2) In addition to the provisions of paragraph (1), unless otherwise agreed by the company, the company shall not pay the relevant insurance proceeds when any ground for paying the insurance proceeds in relation to the injury provided for in Article 1 occurs due to any of the following acts listed in the following subparagraphs for the purposes of occupation, duties, or club activities:

3. When the crew members of a ship, fishing division, or other persons engaged in the business of boarding a ship are on board the ship in the course of their duties;

B. On October 13, 2015, Defendant D entered into an insurance contract with the Plaintiff listed in attached Table 3 (hereinafter “instant insurance contract”).

The terms and conditions of the second insurance contract of this case (Article 8(2)) also stipulate the grounds for exemption of this case.

C. E is the captain of the F (hereinafter “instant vessel”). From October 30, 2015 to around October 20, 2015, the 21:00 day after drinking three residents and drinking around 21:00 on the same day in the frequency near the G of the Incheon Reinforcement-gun G, the E is benefiting from the sea at a point near the bend line of the lower line, which was mooring at G around November 13:10.

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