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(영문) 서울남부지방법원 2013.08.16 2012가합102446
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 3, 2011, E of the parties et al. died of the instant accident as seen below, and his heir is Defendant B, C, and D, the wife of Defendant A and his children.

B. Defendant A, on December 31, 2008, entered into an insurance contract described in attached Table 1(1) with the Plaintiff on December 31, 2008, namely, the insurance contract, namely, the beneficiary of the insured, Defendant A, and the insurance period, from December 31, 2008 to December 31, 2051, with non-payment of dividends of KRW 79,000 per month (Hi09) (hereinafter “instant first insurance contract”).

(2) Of the details guaranteed by the first insurance contract of this case, the insurance amount of KRW 50 million is guaranteed to the beneficiary if the insured died as an injury accident as a security under the basic contract.

3) Of the general terms and conditions of the instant insurance contract, the relevant provisions are as follows. Article 15 (Compensation for Damages) of the General Terms and Conditions of Lone Star integrated Insurance (Hi0809) 1 of the instant insurance contract (hereinafter “accident”) provides that the insured shall be liable for a sudden and incidental accident during the insurance period (hereinafter “accident”).

)I do not exclude physical assistive devices, such as artificial arms, legss, bills, and chairs;

hereinafter the same shall apply)

) If the person has sustained an injury, I shall have suffered from that injury (hereinafter referred to as “damage”).

1. The insured's intentional injury under Article 17 (Death Insurance Money) (1) If the insured was killed due to an accident as provided for in Article 15 (Compensation for Loss) and died directly from the date of the accident, the insured shall be paid to the beneficiary as the death insurance money as stipulated in the insurance policy (insurance Policy). (c) The second insurance contract of this case is 1) E between June 3, 201 and the Plaintiff on June 3, 201.

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