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(영문) 수원지방법원 여주지원 2017.02.08 2016가합5480
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. Status 1 of the parties is as follows: The Plaintiff is the deceased C (hereinafter “the deceased”).

(2) On May 7, 2007, Defendant A is the insurer who entered into an insurance contract listed in paragraph (1) of the attached list, the insurance contract listed in paragraph (2) of the attached list on July 31, 2007, the insurance contract listed in paragraph (3) of the attached list on March 17, 2009, and the insurance contract listed in paragraph (4) of the attached list on February 26, 2014. Defendant A is the insurer who entered into an insurance contract listed in paragraph (4) of the attached list on February 26, 2014. Defendant A is the “beneficiary of death insurance” of each insurance contract listed in paragraph (1), (2), and (4) of the attached list as the father of the deceased, and Defendant B is the statutory inheritor of the deceased, the “beneficiary of death insurance contract”

B. Each of the terms and conditions incorporated into the terms and conditions of each of the instant insurance contracts listed in the separate sheet (hereinafter referred to as “each of the instant insurance contracts”) shall be construed as “each of the instant insurance contracts,” and each of the terms and conditions incorporated into the terms and conditions of each of the instant insurance contracts shall include the following:

Article 1 (Compensation for Loss) of the Special Terms and Conditions of the first insurance contract of this case, if the insured has sustained any bodily injury due to an accident stipulated in Article 14 of the General Terms and Conditions during the insurance period of the first insurance contract of this case, the loss resulting from such injury shall be covered by this Special Terms and Conditions.

Article 2 (Compensation for Non-Indemnity Damages) Any damages not covered by this Special Agreement shall be at the risk of complying with Article 15 (1) through (3) of the General Terms and Conditions.

Article 5 (Death Insurance Money) If the insured has suffered an injury during the insurance period under Article 14 of the General Terms and Conditions, and has died as a result of his/her own occurrence within two years from the date of the accident, the company shall pay the beneficiary the purchase amount of insurance under this special agreement stated in the insurance policy as the death insurance money.

Article 14 (Compensation for Loss) (1) A company shall, if the insured sustains bodily injury due to a sudden and incidental accident during the insurance period (hereinafter referred to as "accident"), be the injury.

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