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(영문) 인천지방법원 2015.06.05 2014가단73212
채무부존재확인
Text

1. There is no obligation to pay insurance money based on the insurance contract as shown in the attached Form 2 against the plaintiff to the defendant.

Reasons

1. Facts recognized;

A. B entered into an insurance contract (hereinafter “instant insurance contract”) with the Plaintiff on May 11, 2004, which includes a special agreement for the death of a disaster (hereinafter “instant special agreement”) as shown in the attached Form No. 1 (hereinafter “instant main contract”) and the attached Form No. 2, as shown in the attached Form No. 1, and paid the insurance premium from that time.

B. Of the terms and conditions of the instant insurance contract, the contents pertaining to the instant case are as follows.

(1) Article 14 (Termination of and Grounds for Payment of Insurance Money) of the Agreement on the State of this case shall pay the insurance money agreed upon to the beneficiary (referring to the Schedule I of Insurance Money Payment Standards) to the insured when any of the following events occurs:

1. Article 16 (Insurance Accidents for which no Insurance Money is to be paid) (1) The Company may terminate this contract simultaneously with the failure to pay insurance money when any of the following events occurs if the cause for the payment of insurance money occurs:

1. Where the insured intentionally damages himself/herself, but this shall not apply to cases where the insured has impaired himself/herself from a mental disorder and where he/she has committed suicide after two years from the date of commencement of liability for the contract, or has caused harm to himself/herself, thereby becoming a disability of Grade I in the disability classification table;

(Annex 2) The sub-sea accident refers to an accident that occurs as a contingent external factor (Provided, That where a person who has a disease or a physical constitution factor suffers from a minor external factor or has aggravated symptoms, the minor external factor shall not be considered as an contingent external accident) and is subject to the following classification:

1. From 13. omitted to 14. to 32. omitted (2) The company of this case Article 9 of the Terms and Conditions of the Special Agreement (Types and Grounds for Payment of Insurance Money) shall fall under any of the following subparagraphs among the insured during the insurance period of this Special Agreement:

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