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(영문) 수원지방법원안산지원 2016.11.24 2014가합23352
채무부존재확인
Text

1. The Defendants’ “Defendant” appears to be the Defendant’s obvious clerical error.

Attached Form

List 1...

Reasons

Facts of recognition

On April 8, 201, the Plaintiff concluded an insurance contract in the attached Table 1 (hereinafter “instant insurance contract”) with the deceased C (hereinafter “the deceased”) as the insured and beneficiary.

In the event of death or injury caused by death or injury: 200,000,000 won - Details of compensation: In the event of death or disability caused by injury, Article 19 (Reasons for Non-Payment of Insurance Money) of the Insurance Terms and Conditions for Payment of the Amount of Insurance Policy at the time of death (Reasons for Non-Payment of Insurance Money) (1) of the Insurance Terms and Conditions for Payment of Insurance Money shall not prevent insurance money when

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;

The contents of the instant insurance contract relating to the instant case are as follows.

around 07:20 on December 7, 2013, the deceased was administered on the 401-dong 13th floor in Ansan-si, Ansan-si, Ansan-si, and died due to cerebral blood, etc.

(hereinafter “instant accident”). Defendant A, the deceased’s spouse, asserted that there exists a causal relationship between occupational stress, etc. and the death of the deceased, which was received from H&T (hereinafter “ H&T”) and the occupational stress, etc. that was performed by the deceased on September 25, 2013, and claimed bereaved family benefits and funeral expenses to the Korea Workers’ Compensation and Welfare Service in accordance with the Industrial Accident Compensation Insurance Act.

However, on May 22, 2014, Korea Workers' Compensation & Welfare Corporation made a site pay disposition, and Defendant A made a request for cancellation of the site pay disposition.

As a result of the investigation, the Korea Labor Welfare Corporation dismissed the claim on the ground that it did not recognize the causal relationship between the deceased’s death and occupational stress, and rather, it appears that the deceased died as an individual person, such as

Defendant A and the deceased’s children, Defendant B, as the deceased’s inheritors, based on the instant insurance contract on May 21, 2014.

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