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(영문) 전주지방법원 2018.09.14 2018나63
채무부존재확인
Text

1. The judgment of the court of first instance is modified as follows.

Attached Form

A list of accidents listed in paragraph (1) of the Schedule shall be as shown in attached Form.

Reasons

1. Basic facts common to the principal lawsuit and counterclaim;

A. On July 30, 2013, Defendant B entered into an insurance contract (hereinafter “instant insurance contract”) with the Plaintiff via F, an insurance solicitor of the Plaintiff, with the insured as a network E (Defendant B’s dynamic interest, Defendant C’s punishment; hereinafter “the deceased”), with the beneficiary of death insurance as a statutory heir, with the insurance period from July 30, 2013 to July 30, 2067, with the insurance premium as KRW 7,900, respectively, and with the content that KRW 100,000 is paid for the death of the insured (hereinafter “instant insurance contract”).

B. At around 04:00 on January 26, 2016, the Deceased was found to have died from the office of Defendant B as shown in paragraph 1 of the attached Table.

(hereinafter referred to as “instant accident”). C.

On April 27, 2016, the Defendants (each 1/2 of the shares in inheritance) who are legal successors of the deceased claimed for the insurance proceeds of death under the instant insurance contract to the Plaintiff, but the Plaintiff did not pay the insurance proceeds on the ground of the breach of duty of disclosure. On July 2016, the Plaintiff notified the Defendant B that the instant insurance contract will be terminated on the ground of the breach of duty of disclosure.

Meanwhile, during the period from around 2011 to 2013, the Deceased was hospitalized or hospitalized in G Hospital, etc. under the name of “the duty to notify prior to the contract” attached to the insurance contract of this case, and all questions, such as “the duty to notify prior to the contract,” etc., whether there was any medical act or drug at all times within the last three months,” but there is no specific statement as to the details of the medical examination or treatment.

[Ground of recognition] Facts without dispute, Gap 1 to 4 evidence, Eul 1 and 3 evidence (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the main lawsuit and the defendants' main counterclaim (the existence of the insurance benefit payment obligation)

A. The Plaintiff’s assertion is the principal suit.

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