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(영문) 광주지방법원 2016.01.21 2015가합56408
채무부존재확인
Text

1. The plaintiff's insurance money payment obligation based on the insurance contract stated in the attached Form against the defendants does not exist.

Reasons

1. Basic facts

A. 1) On March 17, 2006, the Plaintiff entered into an insurance contract. The Plaintiff is the husband of Defendant A and the Nonparty deceased C (hereinafter “the deceased”) who is the father of Defendant B.

B) As between the insured and the beneficiary’s legal heir, the term “non-distribution new-bep franchise insurance contract” (hereinafter “instant state contract”) is determined as the deceased and the beneficiary’s legal heir.

(A) and “Special Agreement for Non-Distribution New-Disaster Death” (hereinafter referred to as “Special Agreement for Disaster Death”).

(ii) ‘The principal contract of this case (hereinafter referred to as the “instant contract”) and the instant special agreement for the death of the disaster’ are ‘the instant insurance contract’.

(2) The purchase amount of the instant prime contract and the instant special agreement for death is KRW 50,00,000, respectively, and the insurance premium of the instant prime contract is KRW 135,500 per month and the insurance premium of the instant special agreement for death of a disaster is KRW 13,000 per month.

B. According to the terms and conditions of the instant insurance contract, in the event that the deceased died due to a disaster set forth in the terms and conditions during the insurance period, the Plaintiff is deemed to pay the amount of insurance coverage to the Defendants, the beneficiary, as the insurance premium for accident death.

The main contents of the terms and conditions related to the accident death agreement of this case are as follows.

Article 14 (Types and Grounds for Payment of Insurance Money) of the State Contract Terms and Conditions of this case (Evidence 2 of A) The Company will pay the death insurance money agreed upon to the person receiving the insurance money (beneficiary of Insurance) when the insured (insured) dies during the insurance period or when the insured becomes a disability for which the aggregate payment rate of various physical parts is not less than 80% due to the same cause other than the same disaster or accident in the table of disability classification (attached Table 3).

Article 16 (Insurance Accidents for which No Insurance Money is Paid) (1) A company may terminate this contract at the same time as no insurance money is paid if any cause for the payment of insurance money occurs due to any of the following cases:

1..

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