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(영문) 대구지방법원김천지원 2014.09.17 2014가단2293
채무부존재확인
Text

1. With respect to the accident described in the attached list No. 2, the attached list No. 1 against the Defendant (Counterclaim Defendant) of the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On August 18, 201, the deceased B (hereinafter “the deceased”) concluded each insurance contract listed in paragraph (1) of [Attachment 1] with the Plaintiff, the insurance contract listed in paragraph (2) of the same Table (hereinafter “instant Type 1 insurance contract”), February 22, 2012, and the insurance contract listed in paragraph (3) of the same Table (hereinafter “instant Type 2 insurance contract”), on December 18, 2012, respectively.

B. Around 07:04 on December 1, 2013, the Deceased was used in a bath in the Gumi-si C, and was sent to the Gumi-si Hospital at around 08:40, while he/she was taking a bath at the bath in the Gumi-si. However, he/she died due to an unknown heart.

(hereinafter referred to as “instant accident”). C.

Attached Form

The terms and conditions of each insurance contract described in the Schedule are as follows:

[Case 1 Insurance Contract] Article 14 (Types and Grounds for Payment of Insurance Money) Company shall pay to the insured the insurance money agreed upon to the beneficiary when any of the following events occurs:

1. To inflict an injury during the insurance period (excluding physical assistance equipment, such as artificial organs, artificial arms, artificial limbs, and artificial arms, but including bodily transplantation, such as artificial organs or parts, and to act in lieu of its function, due to an accident that happens or is anticipated rapidly during the insurance period;

(1) If the insured dies as a direct result of the injury (hereinafter “injury”): Death insurance (excluding death resulting from illness): Article 6(2) of the Insurance Contract [Article 6(1) of the Insurance Contract]. (1) If the insured sustains bodily injury due to a sudden and incidental accident during the insurance period, the Company shall compensate for the loss resulting from the injury in accordance with the terms and conditions of this Agreement.

[Article 15 (Types and Grounds for Payment of Insurance Money) of the Insurance Contract] Article 15 (Types and Grounds for Payment of Insurance Money) The Insured's physical injury during the Insurance Period (Medical, Medical, Medical, Medical, Medical, and Medical, Medical, Medical, Medical, Medical, Medical, and Other Accidents that occurred during the Insurance Period.

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