(영문) 부산지방법원 2014.12.12 2014가합44041

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(영문) 부산지방법원 2014.12.12 2014가합44041

채무부존재확인

Text

1. The Plaintiff’s death on February 27, 2012 of the network E based on the insurance contract indicated in the separate sheet against the Defendants.

Reasons

1. Basic facts

A. On March 28, 2007, the Plaintiff (formerly: Green Damage Insurance Co., Ltd.), an insurer, concluded an insurance contract with the deceased, the deceased, and the beneficiary as statutory inheritor in the attached Form (hereinafter “instant insurance contract”).

B. On February 27, 2012, the Deceased was found to be a dead body on the sea before the breakwater located in Seo-dong 1, Seo-gu, Busan, Seo-gu, and was found to have been dint before 08:35 on the same day, but the detailed details of the death were not revealed.

C. As a statutory inheritor of the deceased, there are Defendants A and C, and D, the spouse of the deceased, who is the legal spouse of the deceased, and Defendant B claimed payment of the insurance money under the instant insurance contract against the death of the deceased on March 27, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 6, fact-finding results to Busan Coastal Police Station and purport of whole pleadings

2. The parties' assertion

A. Plaintiff 1’s right to claim is two years from the time it can be exercised. Defendant B filed a claim for payment of the death benefit under the instant insurance contract with the Plaintiff on March 27, 2014, which was two years after the death of the deceased. Ultimately, the Defendants’ right to claim for the insurance benefit has expired due to the expiration of the extinctive prescription, and the Plaintiff is not obliged to pay the insurance benefit to the Defendants. Moreover, with respect to the direct cause of the deceased’s benefiting profit, it is not revealed that the deceased was at risk of committing suicide, and that the deceased was at risk of committing suicide due to an accident, i.e., death of the deceased, due to an sudden and incidental accident.

Therefore, the Plaintiff is not obligated to pay the insurance money to the Defendants under the instant insurance contract.

B. The defendants 1 are the defendants.

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