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(영문) 의정부지방법원 2017.06.21 2016가단114224
채무부존재확인
Text

1. It is confirmed that the Plaintiff’s obligation to the Defendants stated in the separate sheet does not exist.

2. The costs of lawsuit shall be.

Reasons

1. On February 18, 2011, Defendant A entered into an insurance contract with the Plaintiff with the following content (hereinafter “instant insurance contract”).

Insurance period: From February 18, 2011 to February 18, 2016: Beneficiary B: beneficiary of death insurance amount not exceeding 30,000,000 won who died of injury: Legal heir.

Finally. B (1939 students and women) died at the low temperature room of the trade name “D” in Hanam-si from 04:00 to 06:00 on September 12, 2015 (hereinafter “instant soup”).

(hereinafter referred to as “the deceased” or “the deceased B,” and the death of the deceased is referred to as “the instant accident”). Defendant E is the deceased’s spouse, and Defendant A, F, G, H, I, J, and K are children of the deceased.

On October 14, 2015, Defendant A asserted that the death of the deceased constituted the death of bodily injury, based on the instant insurance contract, and filed a claim for the payment of the insurance proceeds for death of KRW 30,000,000. On February 17, 2016, the Plaintiff notified the said Defendant of his refusal to pay the insurance proceeds on the ground that the death of the deceased does not constitute the death of bodily injury.

[Ground of recognition] Unsatisfy, entry of Gap 1, 2, and 6 evidence, the purport of the whole pleadings

2. Whether the deceased’s death constitutes the death subject to the guarantee of the insurance contract of this case

A. In full view of the meaning of “injury” under the terms and conditions and the burden of proof No. 4, as well as the purport of the entire pleadings, the relevant provisions of the terms and conditions applicable to the instant insurance contract (hereinafter “instant terms and conditions”) can be acknowledged as follows.

Article 15 (Types and Grounds for Payment of Insurance Money) The Company shall pay the insurance money agreed upon to the beneficiary (beneficiary) when any of the following events occurs to the insured (beneficiary):

1. An accident that happens during the period of insurance coverage, but is anticipated to occur rapidly and rapidly;

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