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(영문) 대구지방법원 2016.05.19 2015가합202715
보험에관한 소송
Text

1. The insurance contract between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) does not exist.

Reasons

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

1. Basic facts

A. On November 16, 2011, the Plaintiff and the Defendant concluded the TRP variable Social Cancer Insurance Co., Ltd. (hereinafter “instant insurance contract”) with the same content as indicated in the attached list, and determined the Defendant’s mother B as the insured of the instant insurance contract and the beneficiary.

In addition, the defendant consented to the termination of the contract using communication means at the time of the insurance contract of this case.

B. The Defendant did not pay the insurance premium after the last payment of the insurance premium for February and March (16, 17 minutes) around April 10, 2013.

C. Accordingly, around July 2013, the Plaintiff rendered effective treatment of the instant insurance contract. D.

B died on February 28, 2015 with waste collection.

(hereinafter “instant insurance accident”). E.

Around April 9, 2015, the Defendant demanded the Plaintiff to restore the instant insurance contract, but the Plaintiff rejected the instant insurance contract on the ground that it was invalidated.

F. In the terms and conditions of the instant insurance contract, the provisions pertaining to the instant case among the provisions pertaining to the payment of premiums, the notice of demand for payment, and the termination of the contract are as shown in attached Form 2.

[Ground of recognition] A without any dispute, Gap 8 through 10, Eul 1 and 2, the purport of the whole pleadings and arguments

2. The parties' assertion

A. The Plaintiff’s insurance contract was automatically terminated after the notice of payment of insurance premium according to the terms and conditions of the instant insurance contract due to the Defendant’s default of insurance premium (referring to the Plaintiff’s assertion that the instant insurance accident occurred after the termination of the instant insurance contract.

Therefore, the instant insurance contract is terminated, and there is no relationship between the Plaintiff and the Defendant, and the Defendant is based on the instant insurance contract regarding the instant insurance accident that occurred after the termination of the instant insurance contract on the premise that the instant insurance contract exists.

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