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(영문) 서울남부지방법원 2015.11.24 2014가단67830
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. (1) The Plaintiff, a corporation established for the purpose of insurance business, etc., concluded an insurance contract with the deceased C (D life, female, hereinafter “the deceased”) on February 14, 2011, with the type of insurance as indicated in the attached insurance contract, as the type of insurance, as indicated in the attached Table.

(2) The insurance contract of this case (hereinafter “the insurance contract of this case”) provides that the deceased shall pay the insurance premium for twenty (20) years, and the Plaintiff shall guarantee the deceased’s death benefit (100,000,000), new comprehensive hospitalization medical expenses (50,000,000), outpatient medical expenses due to injury and disease (250,000,000, and 200,000,000).

(3) The Defendants are the parents of the Deceased and their legal successors.

B. (1) On August 1, 2014, around 21:04, the deceased was found to be the mother of the deceased, who was the mother of the deceased, in the state that he was killed by exposing bomb from the floor inside the inside of Eunpyeong-gu Seoul E and 2 Dong 302 and making it possible for the deceased to pay insurance money. As a result of the autopsy, it was found that the deceased died due to the bombane addiction caused by the bomtan.

(2) At the time of the instant death, the windows and measures were sealed in tapes at the time of the instant death, and the name of a capsule was found in both the three empty paper (the receipt purchased on July 18, 200) and the three empty paper (the receipt purchased on July 18, 200).

(3) There is no dispute between the parties as to the fact that there is no reference to the police record, and thus, the deceased’s report appears not to have been discovered. (3) As a result of the autopsy on the deceased, the trace of death by another person was not discovered, and that the deceased’s suicide was committed.

(4) On September 2014, the Defendants notified the Plaintiff of the instant death accident and claimed for the amount of the insurance proceeds for the death of an injury under the instant insurance contract, but the Plaintiff paid the insurance proceeds on December 5, 2014.

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