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(영문) 수원지방법원 2016.04.08 2015나33790
채무부존재확인
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff, the appointed party) and the counterclaim claims filed in the trial are dismissed.

2...

Reasons

1. The reasoning for the court’s explanation on this part of the facts in the judgment of the court of first instance is that the Defendant’s “Defendant” as the “Plaintiff” among the judgment of the court of first instance, and that the Defendant’s “Defendant” as the “Plaintiff” as the “Plaintiff” as the “Plaintiff”, and that the Defendant’s “Defendant” as the “Defendant 1, 2013” as the “Defendant 1, 2014.3.1.” As such, the reasoning for the judgment of the court of first instance is as stated in the main sentence of Article 420 of the Civil Procedure Act.

2. The reasoning for the court’s explanation as to this part of the Plaintiff’s claim is as stated in Article 420 of the Civil Procedure Act, except that the reasoning for the court’s explanation is that “ March 1, 2013,” “ March 1, 2013,” which read “ March 1, 2013,” in Chapter 5, Chapter 21 of the judgment of the court of first instance, is as stated in Article 20 of the Civil Procedure Act.

3. As to the defendant's counterclaim claim, the defendant claimed that the deceased died due to a sudden and incidental accident and the defendant received the death insurance amount of KRW 80 million from another insurance company due to the death of the deceased, the plaintiff also should pay the death insurance amount of KRW 80 million to the defendant, but the evidence already submitted alone is insufficient to acknowledge that the deceased died due to an external accident, and there is no other evidence to acknowledge this. Thus, the defendant's above assertion is not accepted, and the defendant asserts that the plaintiff shall pay the death insurance amount to the defendant regardless of the cause of the death, since the death meets the requirements of the death. However, according to each statement in the evidence No. 1-1, No. 2, No. 2, No. 2, and No. 3, each of the insurance contracts of this case is determined only to the case where the insured suffers injury due to a sudden and extra accident, regardless of the cause of the death of the insured, regardless of the cause of the death of the insured.

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