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(영문) 전주지방법원 2015.01.08 2014가단9740
채무부존재확인
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The plaintiff (Counterclaim defendant) shall each be 35,000.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. The Plaintiff is an insurer who entered into an insurance contract for the injury of a sports organization with the Korea Military Administration and the Korea Federation. The Defendants are the parents of a net C (the Deceased) who was a bicycle racing belonging to the Korea Military Administration.

B. (1) On January 16, 2012, the Plaintiff concluded a flusing organization insurance contract (hereinafter “instant 1 insurance contract”) with the Korea Military Service, whereby the insured is a bicycle race player belonging to the Korea Military Service, the insurance period from January 16, 2012 to January 16, 2013; the death insurance amount is KRW 20 million per person; the beneficiary of the death insurance amount is a legal heir.

(2) On August 13, 2012, the Plaintiff entered into a contract of LIG Personal Accident Insurance Organization (hereinafter “2 insurance contract of this case”) with the Korea Federation of Egyptians, 780 athletes belonging to the insured, the insurance period from March 31, 2012 to March 31, 2013, the amount of the death insurance amount per capita, the amount of the death insurance amount of KRW 50 million per capita, and the beneficiary of the death insurance amount as statutory inheritor.

C. (1) Article 14 of the General Terms and Conditions of each of the instant insurance contracts provides that the company shall pay the beneficiary a death benefit to the insured in the event that the insured died as a direct result of injury (referring to bodily injury caused by a sudden and unexpected accident that occurred during the insurance period) during the insurance period (excluding death caused by a disease).

(2) Article 1 of the Special Terms and Conditions on Harm to Sports Organizations has died (excluding death caused by a disease) as a result of a direct result of an injury (referring to an injury inflicted on a person's body due to a sudden and remote accident that occurred during the insurance period) committed under the management of an organization listed in the Insurance Policy (Insurance Policy) to the insured during the insurance period (including while on board a means of transportation to conduct practice and sports games).

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