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Reasons
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(영문) 서울고등법원 2016.07.19 2015나2055159
채무부존재확인
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1. Revocation of a judgment of the first instance;

2. All of the plaintiff's claims are dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On February 29, 2012, the Plaintiff entered into an insurance contract described in attached Table 1 (hereinafter “instant insurance contract”) with the deceased C (hereinafter “the deceased”).

The instant insurance contract was terminated on October 1, 2013 due to the delayed payment of the deceased’s insurance premium, and was restored on January 17, 2014.

At the time of the subscription and restoration of the insurance contract of this case, the insurance solicitor of the deceased was a male-child job D.

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

Article 1 (Types and Grounds for Payment of Insurance Money) of the Special Terms and Conditions for the Guarantee of Death Death (Types and Grounds for Payment of Insurance Money) In the event that the insured dies as a direct result of the injury during the insurance period of this Special Terms and Conditions, the following amounts shall be paid to the beneficiary as insurance money.

(3) For the purpose of this special agreement, the term "injury" means an injury sustained by a person due to any sudden and incidental accident which happens during the insurance period.

Article 18 (Reasons for Not Paying Insurance Money) (2) of the General Terms and Conditions (Reasons for Not Paying Insurance Money) (2) Unless otherwise agreed, the company (Plaintiff) shall not prevent the insurance money concerned when any ground for paying the insurance money under Article 16 (Types and Grounds for Payment of Insurance Money) occurs due to the following acts for the purposes of occupation, duties or club activities:

1. Professional light, Bangladesh's operation, Scar;

ice, Scood ice, Scood Hag Docing

C. On July 1, 2013, the Deceased joined the Escoobboo club and was working on March 29, 2014, he/she went to do so with members of male-gu D and Escooboo club in order to conduct scood ice on March 29, 2014.

around 11:00 on March 30, 2014, the Deceased acquired D and even at the 5m sea (5m in water depth) in front of the head of the luxululon.

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