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(영문) 인천지방법원 2015.07.07 2015가합51278
채무부존재확인
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Defendant A is the spouse of the network D (hereinafter “the deceased”), and the rest of the Defendants are the deceased’s children.

B. On September 19, 201, the Plaintiff entered into an insurance contract indicated in attached Form 1 (hereinafter “instant insurance contract”) with Defendant A and the deceased, with the content that, in the event that the deceased dies due to injury, the amount of KRW 100 million should be paid to the statutory heir, and the Defendant A and the Deceased together referred to as “the Defendant side” (hereinafter “instant general terms and conditions”). Of the instant general terms and conditions, the contents relating to the instant case (hereinafter “instant terms and conditions”) are as follows.

- Article 27 (Obligation to Notify After Entering into an accident insurance contract) ① In the event that the insured (person insured) changes his occupation or duty during the insurance period (including the case where the private driver changes his occupation or duty as a driver), or continuously uses a two-wheeled motor vehicle or motor bicycle, the insured (person insured) shall notify the company without delay.

Article 28 (Effect of Violation of Obligation to Notify) (1) The Company may terminate this contract regardless of the occurrence of damages, in the following cases:

2. Where the general terms and conditions indicate Article 27 as "Article 26" in relation to an increase in obvious danger, but are deemed to be a clerical error referred to in Article 27. Where he/she fails to perform his/her duty to notify after concluding a contract prescribed in paragraph (1) of the same Article;

C. The Deceased was killed on August 26, 2014 and around 14:40 of the same month while driving an Ortoba (hereinafter “instant accident”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 12, purport of the whole pleadings

2. The assertion and judgment

A. After the Plaintiff’s assertion made the instant insurance contract, the Plaintiff continues to do so.

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