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(영문) 서울고등법원 2019.12.19 2018나2067481
채무부존재확인
Text

1. Revocation of the first instance judgment.

2. All of the claims filed by the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On February 25, 2017, the Plaintiff, a company running insurance business, entered into an insurance contract described in paragraph (1) of the attached Table 2 with F Co., Ltd. (attached Form 2) where the deceased E (PPs, hereinafter “the deceased”) worked, and entered into each insurance contract described in paragraphs (2) and (3) of the same Table with the deceased on or around the 27th of the same month.

(hereinafter “each of the instant insurance contracts”). Defendant B’s spouse, Defendant C, and D are the parents of the Deceased, and the Defendants are the inheritors of the Deceased.

(Inheritance Shares are 3/7 of Defendant B, Defendant C, and D, respectively. (2/7 of each of them)

[Attachment 2] Each insurance contract listed in Articles 1 and 2 of the List provides that "the insurance contract shall be a special contract for injury death; the insurance contract listed in Paragraph 3 of the same List shall be a basic contract; respectively, that "if the insured dies as a direct result of injury during the insurance period, the insurance proceeds shall be paid to the beneficiary as the insurance proceeds; and that "the insured shall not be paid the insurance proceeds if

The terms and conditions of each insurance contract of this case are as shown in attached Form 3.

C. On September 20, 2017, the Deceased resided in G Apartment Hdong (hereinafter “instant apartment”) with Defendant B, his spouse, while working as a member of the FF’s management support headquarters, and died from the 13th floor emergency stairs of the instant apartment, located in the front of the emergency stairs, around 05:55, 2017.

(hereinafter “instant accident”). D.

As a result of the autopsy, the National Institute of Scientific Investigation appears to have a form that could occur in the situation where the body was shocked on the floor as the damage revealed by the deceased was considerably damaged, and determined that the private person of the deceased was damaged by diversification.

E. The apartment of this case is composed of the 24th above ground and the hallway-type apartment with the 3rd above ground, and one end outer wall of the corridor.

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