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(영문) 창원지방법원밀양지원 2017.04.14 2016가합10321
채무부존재확인
Text

1. The plaintiff is based on the insurance contract as set out in the annexed Table 1 List 2 with respect to the accident as set out in the annexed Table 1 List 1 List 1.

Reasons

1. Basic facts

A. Defendant A is the spouse of the network D (hereinafter “the deceased”), and Defendant B and C are their children, who are legal successors of the deceased.

B. On December 31, 2015, the Deceased concluded an insurance contract indicated in Annex 1 List 2 (hereinafter “instant insurance contract”) with the Plaintiff.

The terms and conditions of the instant insurance contract are as listed in the attached Table 2.

C. At around 13:05 on June 3, 2016, the Deceased felled from the window of the stairs window between the fourth floor and the rooftop, the residence of the Deceased, and then sent back to the hospital. However, at around 20:00 on the same day, the Deceased died of an external blood relative on the same day.

(hereinafter referred to as “instant accident”). [Grounds for recognition] The fact that there is no dispute, entry in Gap’s 1 through 5, and 7 evidence (including each number; hereinafter the same shall apply) and the purport of the whole pleadings.

2. The plaintiff's assertion

A. The Deceased did not notify the Plaintiff at the time of the conclusion of the instant insurance contract, even though it was diagnosed as an editing injury prior to the conclusion of the instant insurance contract, and the Plaintiff served a notice on August 23, 2016 that the instant insurance contract was terminated on the ground of the Defendants’ breach of duty of disclosure. As such, since the instant insurance contract was lawfully terminated, the Plaintiff did not have a duty to pay the Defendants insurance money in relation to the instant accident.

B. In addition, the instant accident is suicide by the deceased’s intentional act, and the deceased was in a situation where the deceased could not make a free decision. Thus, the Plaintiff is exempted from liability under the main sentence of Article 5(1)1 of the General Terms and Conditions of the instant insurance contract and the main sentence of Article 3(1)1 of the Special Terms and Conditions, and is not obliged to pay the insurance money

3. Determination

A. At the time of the insurance contract whether the contract was terminated due to the deceased’s breach of duty of disclosure, the policyholder or the insured was intentional or by gross negligence.

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