(영문) 수원지방법원 2015.11.19 2015나2765 | 리걸엔진

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(영문) 수원지방법원 2015.11.19 2015나2765

채무부존재확인

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1. Revocation of a judgment of the first instance;

2. On February 19, 2014: 67-1. Madle-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-si around 17:44

Reasons

1. Basic facts

A. On January 31, 201, the Plaintiff entered into an insurance contract No. 1 with the deceased D (hereinafter “the deceased”) and the Attached List No. 2 Insurance Contract No. 1 on March 14, 201 (hereinafter “each of the instant insurance contracts”). Defendant A is the deceased’s spouse, Defendant B, and C as the deceased’s children, and is the beneficiary of the death insurance money under each of the instant insurance contracts.

B. At around 17:44 on February 19, 2014, the Deceased was discovered in a state of being accumulated in the back seat of the vehicle, and moved to the hospital on the frens vehicle parked in the Kitton Park Cemetery, 67-1, the front side of the wife population, which was parked in the Kitton Park Cemetery. However, the Deceased died due to the U.S. carbon poisoning.

C. On March 20, 2014, the Defendants filed a claim against the Plaintiff for the death benefit of KRW 1,000,000 under the instant insurance contract due to the death of the Deceased, and KRW 20,000,000 under the instant secondary insurance contract.

Of the terms and conditions of the instant insurance contract, the main contents pertaining to the instant case are as follows.

1) Article 15 (Types and Grounds for Payment of Insurance Money): Where he/she dies as a direct result of an injury that occurred after the age of 15 (the bodily injury that occurred during the period of insurance) during the insurance period (excluding death caused by a disease).

2) Article 17(1)1 of the General Terms and Conditions (Reasons for Non-Payment of Insurance Money): The Plaintiff shall not pay insurance money when a cause for the payment of insurance money occurred due to intention of the insured.

However, if the insured 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 insurance proceeds.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1, the purport of the whole pleadings

2. Determination:

A. The Plaintiff’s assertion by the parties concerned is intentionally avoiding a bomb in the vehicle of the deceased.

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