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(영문) 서울동부지방법원 2018.10.11 2017가합108415
채무부존재확인
Text

1. B On January 26, 2017, while driving a motorcycle at around 17:20 on January 26, 2017, the occupied distance of 81, Cheong-dong, Cheong-dong.

Reasons

1. Facts of recognition;

A. On August 23, 2007, the network B (hereinafter “the network”) concluded a non-dividend pool insurance contract (hereinafter “instant insurance contract”) with the Plaintiff, i.e., as indicated in paragraph (1) of the attached Table No. 1, as indicated in the attached Table No. 1; and on October 4, 2011, a non-dividend pool insurance contract (hereinafter “No. 2 insurance contract”; and “No. 1 insurance contract” and “No. 2 insurance contract” collectively referred to as “each of the instant insurance contracts”).

(b) The main content of a 1 insurance contract is to pay the death benefit if the insured has died within two years from the date of the accident as a result of his/her direct physical injury caused by a traffic accident while driving a motor vehicle, and the main content of a 2 insurance contract is to pay the funeral incidental expenses to a beneficiary where the insured has died as a direct result of an injury during the insurance period;

C. On January 26, 2017, the Deceased driven a motorcycle (hereinafter “the instant motorcycle”) around 17:20 on the same day, and died around 21:23 of the same day on the same day as an accident in which a collision with a car that entered the intersection and suffered an injury, such as livering, due to a collision with the car that entered the intersection by violating the signal, while passing through the intersection of the 81-dong street crossing at the Cheong-dong-dong (hereinafter “instant accident”).

On July 5, 2017, the Plaintiff received a claim from the deceased’s heir for insurance proceeds from the instant accident, and around July 5, 2017, the Plaintiff sent a notice to C to the deceased’s wife of the deceased to the effect that “The deceased did not pay insurance proceeds because it did not pay insurance proceeds because it constitutes a violation of the provisions regarding the duty to notify the contract after the conclusion of each of the instant insurance contracts, although the deceased was directly used by the deceased, and the risks increased.” The notice reached C around that time.

E. The defendant (appointed party, hereinafter referred to as "the defendant") and the defendant.

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