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(영문) 수원지방법원 2014.04.24 2013가합16926
채무부존재확인
Text

1. As to the Plaintiff (Counterclaim Defendant)’s KRW 300,000,000 against the Defendant (Counterclaim Plaintiff) and its related thereto, the Plaintiff (Counterclaim Defendant) from April 3, 2013 to November 13, 2013.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. 1) The network B (hereinafter “the network”).

(A) On January 16, 2012, the Plaintiff, the insurer, is an insurance contract with the following content (hereinafter “instant insurance contract”).

(1) The insured name: (a) the contractor and the insured: (b) the insured period: the insured period from January 16, 2012 to January 16, 2074: the beneficiary of the death benefit of KRW 29,770: the Defendant (the father of the deceased).

[Guarantees: 300,000,000 won in the event of the death of a general injury) Of the ordinary terms and conditions applicable to the instant insurance contract, and the parts related to the instant case are as follows.

Article 17 (Reasons for Not Payment of Insurance Money) (1) The Company shall not prevent insurance money when any of the following events occurs to cause the payment of insurance money:

1. The intention of the insured person: Provided, That where the insured person has impaired himself/herself in a state that he/she is unable to make a free decision due to mental disorder, etc., he/she shall pay the insurance money to him/her;

Article 34 (Payment of Insurance Money) (1) When a company receives the documents prescribed in Article 33, it shall have a receipt thereof, and shall pay the insurance money within three business days from the date of receipt of such documents.

Article 2 (Types and Grounds for Payment of Insurance Money) of the Special Terms and Conditions Concerning Injury shall pay the insurance money agreed upon to the beneficiary (beneficiary) when any of the following events occurs to the insured (beneficiary).

1.In the insurance period of this Special Terms and Conditions, injury (excluding physical assistive equipment, such as artificial organs or parts, but excluding physical assistive equipment, such as artificial organs or parts, due to or without any sudden and incidental external accident that occurred during the insurance period, shall be included in the event that the body is transplanted and its function is substituted by such act;

(c).

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