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(영문) 서울동부지방법원 2015.08.21 2014가합110110
채무부존재확인
Text

1. The contract is based on a special agreement among the insurance contracts entered in the separate sheet against the Defendant (Counterclaim Defendant) of the Plaintiff (Counterclaim Plaintiff).

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. On October 2, 2003, D (hereinafter “the deceased”) entered into an insurance contract for non-payment standard type of life insurance with the deceased and the beneficiary’s heir at the time of death (hereinafter “instant prime contract”) as indicated in the attached list with the Plaintiff on October 2, 2003. If the deceased, who is the insured, died as a direct cause of the “disaster” during the insurance period (the age of 80), a special agreement for non-payment of non-payment amounting to KRW 200,000,000 as the insurance proceeds for death (hereinafter “the instant special agreement for non-payment death”).

(hereinafter referred to as “instant prime contract” and “instant special agreement for death of a disaster” collectively (hereinafter referred to as “instant insurance contract”). B.

The main contents of the terms and conditions of the instant accident death agreement are as follows.

Article 10 (Types and Grounds for Payment of Insurance Money) (1) If the insured under this special agreement dies directly due to a disaster specified in the Disaster Classification Table (refer to attached Table 1) during the period of insurance under this special agreement, or becomes a disability of class 1 in the disability classification table, the company shall pay to the beneficiary the insurance money for death of a disaster as stipulated in the Insurance Money Payment Table (refer to attached Table 1).

Article 12 (Insurance Accidents for which No Insurance Money is Paid) (1) The Company may terminate this Special Agreement simultaneously with the failure to pay insurance money when any cause for the payment of insurance money occurs due to any of the following cases:

1. Where the insured has intentionally impaired himself/herself, but this shall not apply where the insured has impaired himself/herself in a state of mental illness, and where he/she has committed suicide after two years from the date of commencement of liability under a special contract (the date of termination of an incidental contract) or has caused damage to himself/herself, thereby becoming a state of disability of Grade I in the list of disability classification;

The amount of payment subject to the classification of the insurance money payment table in attached Table 1 shall be the insurance money of death.

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