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(영문) 서울남부지방법원 2013.11.29 2013가합101891
채무부존재확인
Text

1. As to the accident described in attached Form 2, the Plaintiff (Counterclaim Defendant) based on each insurance contract listed in attached Form 1.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. Defendant A related to the parties is the husband of the deceased D (the deceased on May 16, 2012, hereinafter “the deceased”), and Defendant B and C are the children of the deceased. The Plaintiff is an insurance company that concluded each insurance contract with the deceased or Defendant A as stated in attached Form 1.

B. (1) The Deceased has worked as an insurance solicitor for about 15 years before his death.

(2) From around 2003 to July 201, the Deceased and Defendant A concluded each insurance contract between the Plaintiff and the Insured as the Deceased (hereinafter “each insurance contract of this case”).

(3) According to the terms and conditions of each of the instant insurance contracts, the Plaintiff shall pay the insurance proceeds to the statutory heir upon the death of the insured, and the insured shall not be compensated for any loss incurred due to suicide.

C. On May 16, 2012, the Deceased’s death and inheritance (1) drank dye, a pesticide under the Gangseo-gu Seoul Metropolitan Government E Apartment 602 Dong 906, a residence between 07:40 on May 16, 2012 and 09:12, and thereafter, the Defendant A discovered it and reported it to the 119 rescue unit, but the rescue unit members already died.

(2) Upon the death of the deceased, the Defendant A and C, the husband, inherited their property.

As a result of the police investigation, the police judged that the deceased died of a brush equivalent to the deceased's death as a result of the autopsy on the deceased, and investigated the details of the pesticide purchaser and the deceased's insurance coverage and the details of claims and obligations.

(2) On October 27, 2012, Defendant A submitted to the police station the document stating, “I have so much difficulty to live during that period. I have made the last request. I have to do so. I have to do so. I have to do so. I have to do so. I have to do so, and I have to borrow KRW 2 million in Fent. I have to do so.”

(3) The police officer on November 13, 2012.

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