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(영문) 서울북부지방법원 2016.11.04 2015가단126111
보험금채무부존재확인
Text

1. Insurance contracts in relation to the defendant, as stated in the attached Form, in relation to the insurance accident;

Reasons

1. Facts constituting the basis for no dispute between the parties;

A. On November 2, 2001, the Defendant is called the “instant insurance contract” between the Plaintiff and the Plaintiff on November 2, 2001, as the securities number C of the Vietnamese Newcom Insurance Contract (hereinafter “instant insurance contract”).

B. B. Under the instant insurance contract, the Defendant paid the insurance premium to the Plaintiff 49 times in total until November 2005, and thereafter did not pay the insurance premium. The Plaintiff sent a notice to the Defendant for the payment of the insurance premium (e.g., the notice to the Defendant on February 1, 2006, and sent the notice to the Defendant on February 16, 2006 to the effect that the instant insurance contract will be terminated, and the declaration of intention reached the Defendant on February 16, 2006.

C. After that, on February 1, 2007, the defendant was returned 4.5 million won as refund upon termination of the insurance contract of this case from the plaintiff.

However, on October 2014, the Defendant filed a lawsuit seeking payment of insurance money under the insurance contract of this case on the ground that the Plaintiff was discharged from the insurance accident of this case, and the Defendant was refused to pay the insurance money under the insurance contract of this case. E) The Defendant filed a civil petition with the Governor of the Financial Supervisory Service, etc. on March 30, 2015, the Plaintiff filed a lawsuit seeking confirmation of the non-existence of the insurance claim of this case on June 30, 2015. On August 19, 2015, the Defendant submitted the first written reply that the Defendant’s claim of the insurance claim of this case was justifiable with the court on August 19, 2015, and on June 7, 2016, the instant lawsuit was pending with the Defendant on June 7, 2016.

2. Claims made by both parties respectively, and the issues of the instant case;

A. The Plaintiff asserted as follows as the cause of the instant claim and sought confirmation of the non-existence of all insurance claims under the instant insurance contract against the Defendant.

(1) The instant insurance contract was lawfully terminated around March 2006 on the grounds that the Defendant’s premium unpaid.

(2) The Defendant’s instant case from the Plaintiff.

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