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(영문) 서울고등법원 2019.10.11 2018나2029656
채무부존재확인
Text

1. All the appeal filed by the Defendant (Counterclaim Plaintiff) and the Defendant (Counterclaim Plaintiff)’s counterclaim filed by this court are dismissed.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. 1) On December 27, 2012, the Deceased concluded an insurance contract (name of goods: D) with the Plaintiff as indicated in the separate sheet (hereinafter “instant insurance contract”) (hereinafter “instant insurance contract”).

2) The terms and conditions of the instant insurance contract (hereinafter “instant terms and conditions”) are as follows.

Article 7 (Termination of Contracts) (2) Payment of insurance money due to the occurrence of a cause for paying the insurance money for the advanced disability under Article 16 (Types and Grounds for Payment of Insurance Money) 2.

Even if a cause for the payment of insurance money prescribed in this Clause may arise, this contract shall not be terminated.

Article 13 (Peremptory Notice of Payment of Insurance Premiums and Termination of a Contract) ① In cases where a contractor fails to pay insurance premiums by the due date for payment of insurance premiums after the second two-time period, the company is in arrears due to the failure to pay the insurance premiums, the company shall inform the contractor (including a beneficiary (including a beneficiary) of the insurance premium in the case of an insurance contract for another person, if the last day of the insurance period is less than one year) of the contents that the contract is terminated on the day following the expiration of the payment demand period (including that the principal and interest of the insurance contract is deducted from the termination refund immediately when the contract is terminated) with a fixed period of not less than 14 days (if the last day of the payment demand period falls on a Saturday or a holiday, such period shall expire on the following day).

However, the company is bound to pay the agreed insurance money before the termination.

Article 16 (Types and Grounds for Payment of Insurance Money) The Company shall have the insured (person to be insured) as follows:

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