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(영문) 부산지방법원 2015.06.11 2014가단252807
채무부존재확인
Text

1. The plaintiff's obligation to pay insurance money based on the insurance contract stated in the attached Form to the defendant does not exist.

Reasons

1. Facts of recognition;

A. On March 6, 2002, the Defendant: (a) the insured on March 6, 2002; (b) the beneficiary of the insurance; (c) the non-dividend New-LF New-LF new insurance contract (hereinafter “the instant life insurance contract”); and (d) the non-special agreement for the death of a disaster (hereinafter “the instant life insurance contract”) refers to the accident death special agreement.

(B) The Plaintiff committed suicide on November 6, 2013. On April 1, 2014, the Plaintiff paid KRW 43,100,655 under the instant life insurance contract to the Defendant on April 1, 2014, but refused payment of KRW 49,562,00 of the insurance proceeds for death due to the instant accident death agreement. (b) The key terms and conditions of the instant life insurance contract and the instant life insurance contract are as follows. Article 14 (Types and Grounds for Payment of Insurance Money) of the instant life insurance agreement provides that the Plaintiff shall pay the insured insurance amount to the beneficiary if any of the following events occurs:

2. 보험기간(종신) 중 피보험자가 장해등급분류표 중 제1급의 장해상태가 되었을 때 제16조(보험금윽 지급하지 아니하는 보험사고) ① 회사는 다음 중 어느 한가지의 경우에 의하여 보험금지급사유가 발생한 때에는 보험금을 드리지 아니하거나 보험료의 납입을 면제하여 드리지 아니함과 동시에 이 계약을 해지할 수 있습니다.

1. Where the insured intentionally damages himself/herself, but he/she shall not do so if he/she has committed suicide after two years from the date of commencement of responsibility for the contract (in cases of an incidental contract, the date of reinstatement) and after two years have passed from the date of occurrence of responsibility for the contract, or where he/she has become a disability of Grade I in the disability classification table;

Article 10 (Types and Grounds for Payment of Insurance Money) of the Terms and Conditions of the instant accident death agreement has died due to a disaster that occurred during the insurance period of the said agreement.

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