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(영문) 대전지방법원천안지원 2015.02.13 2014가합102633
채무부존재확인
Text

1. The plaintiff is based on the insurance contract stated in the attached Table No. 1 concerning the insurance accident stated in the attached Table No. 2.

Reasons

1. Basic facts

A. On January 4, 2013, the Plaintiff and the Defendant: (a) concluded a contract for “non-dividend dividends GA Korea’s Social Cancer Insurance” (hereinafter “instant insurance contract”); and (b) decided the Defendant as the insured of the instant insurance contract, the beneficiary, and the beneficiary.

B. On February 21, 2014, the Defendant was diagnosed by the Macheon University Hospital with the content as indicated in attached Table 2 (hereinafter “instant insurance accident”), and claimed insurance proceeds from the Plaintiff on August 22, 2014.

C. However, the Defendant did not pay the premium after May 1, 2013.

The terms and conditions of the instant insurance contract have the following provisions with regard to the termination of the insurance contract in cases where the payment of premiums is overdue.

Article 15 [Peremptory Notice and Termination of Contract for the Payment of Insurance Premiums] (1) In the event that a contractor applies for a reduction of the payment completion as stipulated in Article 7(1) of the Terms and Conditions of the Insurance Contract in the case of the reduction of the payment completion, the payment of basic insurance premiums is completed, and the reserve is transferred from the special account to the general account and is changed to a fixed interest rate-based life insurance.

As stipulated in Article 8(1) of the Clause of the Insurance Contract of this case, if the contractor applies for the insurance contract in a certain manner determined by the company, it means suspending the payment of the insurance premium under the main contract and the chosen special contract after the next meeting during the insurance premium payment period and changing the insurance period.

Since the defendant did not separately apply for the reduction of payment or the guarantee maintenance option before the beginning of the case, it is reasonable to view that the case in this case constitutes the case in this paragraph.

1. Where the payment of premiums is in arrears because a contractor fails to pay basic premiums (including special agreement premiums, if any; hereinafter the same shall apply) after the second anniversary (in cases where a special agreement has been added, including special agreement premiums; hereinafter the same shall apply) within two years (24 times; hereinafter the same shall apply);

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