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(영문) 서울중앙지방법원 2014.10.17 2014가합520578
채무부존재확인
Text

1. The insurance contract is based on paragraph 2 of the attached Table with respect to the insured events described in paragraph 1 of the attached Table.

Reasons

1. Basic facts

A. On June 8, 2012, the Plaintiff, a company running the insurance business, concluded an insurance contract with the deceased B (hereinafter “the deceased”) as indicated in the attached Table No. 2 (hereinafter “instant insurance contract”). The Defendant is the wife of the deceased and the beneficiary of the instant insurance contract.

B. The insurance terms and conditions applicable to the instant insurance contract (hereinafter “instant terms and conditions”) stipulate as follows.

Article 18 (Types and Grounds for Payment of Insurance Money) (1) If an insured person (person who receives insurance money) dies during the insurance period, the company shall pay the death insurance money agreed upon with the beneficiary (person who receives the insurance money) (see attached Table 1 of the Standards for Payment of Insurance Money).

Article 20 (Insurance Accidents for which No Insurance Money is Paid) A company (Plaintiff) shall not pay insurance proceeds or exempt the payment of insurance premiums when any of the following events occurs:

1. Where the insured (person to be insured) intentionally damages himself/herself: Provided, That the same shall not apply to any of the following cases:

If a defendant examinee (person subject to insurance) is unable to make a free decision due to mental disorder, etc. and his/her death results in death by injuring himself/herself, he/she shall be paid the death benefit.

(b) Where a person commits suicide after two years have passed from the date of commencement of guarantee of a contract (the date of subscription for recovery of effect in the case of a contract for recovery of effect) , he/she shall pay the death benefit;

C. The Deceased was a person who operated the company as the representative director of C’s company, and committed suicide by hanging string the string in the iron pole at the bar room located in Songpa-gu Seoul Metropolitan Government 214 Dong-dong 1902, which had been living on September 7, 2013, while receiving treatment with friendly sulves from around May 2013.

(hereinafter referred to as “instant accident”). [The grounds for recognition] There is no dispute, Gap evidence 1 through 15, and Eul evidence 1 and 2.

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