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(영문) 서울중앙지방법원 2017.12.22 2017가합526683
채무부존재확인
Text

1. The Plaintiff’s loss and medical expenses as shown in the attached Form 2, based on the insurance contract as indicated in the attached Table 1.

Reasons

1. Basic facts

A. Around March 29, 2011, the Plaintiff, a stock company running the insurance business, concluded an insurance contract with Defendant A, setting the term of the insured, from March 29, 2011 to March 29, 2011, with the effect that, in the event of an insured event, such as receiving hospital treatment due to a disease, Defendant B, the insured, entered into an insurance contract with the Defendants to pay insurance proceeds (hereinafter “instant insurance contract”).

B. Defendant B was diagnosed with cerebral cerebrovascular and was hospitalized at a hospital between September 2, 2013 and August 30, 2014.

(hereinafter) Defendant B received medical treatment from a hospital from September 2, 2013 to August 30, 2014 due to cerebral cerebral Bribery (hereinafter “instant insurance accident”). C.

Defendant A claimed on March 13, 2017, as shown in attached Table 2, for the payment of the insurance money due to the instant insured event to the Plaintiff.

[Grounds for recognition] The descriptions of evidence Nos. 1 and 3, and the purport of the whole pleadings

2. The period of extinctive prescription of the Plaintiff’s insurance claim against the instant insurance accident is two years, and Defendant A claimed the payment of the insurance money after the lapse of two years from the date when the instant insurance accident occurred. Thus, the insurance claim arising from the instant insurance accident was already extinguished before Defendant A’s claim for the payment of the insurance money.

Nevertheless, the Defendants asserted that they have the right to claim against the Plaintiff regarding the instant insurance accident, and filed a claim for the payment thereof. The Plaintiff seeks confirmation from the Defendants under Paragraph (1) of the Disposition.

3. Determination

A. The fact that the Defendants’ right to claim based on the instant insurance contract against the Plaintiff is recognized due to the instant insurance accident. However, according to Article 662 of the former Commercial Act (amended by Act No. 12397, Mar. 11, 2014) that was concluded and enforced at the time the instant insurance accident occurred, the right to claim for insurance benefits is recognized.

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