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(영문) 광주지방법원 2017.07.21 2016나58382
채무부존재확인
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. On February 8, 2011, the Plaintiff entered into an insurance contract described in attached Table 2 (hereinafter “instant insurance contract”) with the deceased C (hereinafter “the deceased”).

The terms and conditions of the instant insurance contract (hereinafter “instant ordinary terms and conditions”) are as follows.

Article 16 (Types and Grounds for Payment of Insurance Money) The Company shall pay the insurance money agreed upon to the beneficiary (person receiving the insurance money) when any of the following events occurs to the insured (person receiving the insurance money):

(1) If he/she dies as a direct result of an injury (referring to an injury inflicted on his/her body due to a sudden and incidental accident that occurred during the insurance period; hereinafter referred to as "injury") that occurred 15 years of age or after the age of 15 (excluding death due to a disease) during the insurance period (excluding death due to a disease), he/she shall be paid the amount of insurance

Article 18 (Reasons for Not Payment of Insurance Money) The Company shall not prevent insurance money when any of the following events occurs to cause the payment of insurance money:

(1) The insured shall be intentionally liable to make a free decision due to mental disorder, etc.: Provided, That in cases where the insured has impaired himself/herself while he/she is unable to make a free decision due to mental disorder, the insurance money shall be paid and

B. At around 11:47 on July 27, 2015, the Deceased committed suicide by sticking to the inner part of the toilet door No. 204 of the Gwangju Mine-gu E, where he had resided.

(hereinafter “instant insurance accident”). C.

The Defendants claimed the death benefit under the instant insurance contract as the inheritor of the Deceased.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, and 6 (including virtual number), the purport of the whole pleadings

2. The parties' assertion

A. The death of the deceased alleged by the plaintiff is caused by his intentional death, and Article 16 of the General Terms and Conditions of this case.

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