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(영문) 부산지방법원동부지원 2016.02.17 2014가단213563
채무부존재확인
Text

1. Of the insurance contracts entered in the separate sheet between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff), the special agreement is made.

Reasons

A principal lawsuit and a counterclaim shall be deemed to be combined.

1. Facts of recognition;

A. On May 7, 2004, the Plaintiff concluded an insurance contract between the Defendant and the insured with Nonparty B (hereinafter “the deceased”) and the beneficiary as the Defendant on the attached list (hereinafter “instant insurance contract”).

B. At around 06:00 on August 12, 2010, the Deceased committed suicide by putting his/her own trees out of his/her residence.

C. On August 27, 2010, the Defendant filed a claim against the Plaintiff for insurance proceeds under the instant insurance contract on the ground of the deceased’s death due to suicide, and the Plaintiff is the same year.

9.3. General Death Insurance Money paid KRW 40,000,000.

The main contents of the terms and conditions of the accident death insurance contract of this case are as follows.

Article 10 (Types and Grounds for Payment of Insurance Money) (1) If the insured of this special agreement has died directly due to a disaster provided for in the Disaster Classification Table (Reference Table 2) during the insurance period of the special agreement, or becomes a state of disability of class I (hereinafter referred to as the " disability of class I") in the Disability Classification Table (Reference Table 3) of the Disability Classification Table (Reference Table 3), the Company shall pay the beneficiary of this special agreement (hereinafter referred to as the "beneficiary") the insurance money agreed in the Insurance Payment Schedule (Reference Table 1).

Article 12 (Insurance Accidents for which No Insurance Money is Paid) (1) A company may terminate this Special Agreement at the same time as the insurance money is not covered if any cause for the payment of insurance money occurs due to any of the following cases:

1. Where the insured has intentionally impaired himself/herself, but this shall not apply where the insured has impaired himself/herself in a state of mental illness, and where he/she commits suicide after two years from the date of commencement of liability under a special contract (in cases of an inevitable contract, the date of restoration subscription) or has caused harm to himself/herself, thereby becoming a state of disability of Grade I in the

[Ground of recognition] Unsatisfy, Gap evidence 1 to 22, and Eul evidence 1 to 20 respectively.

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