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(영문) 전주지방법원정읍지원 2017.12.14 2016가단13213
채무부존재확인
Text

1. From June 16, 2017 to December 14, 2017, Plaintiff (Counterclaim Defendant) filed a claim against Defendant (Counterclaim Plaintiff) for KRW 30 million and its related amount.

Reasons

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

1. Facts of recognition;

A. On July 30, 2013, the Plaintiff and Defendant B entered into an insurance contract with the following content (hereinafter “instant contract”). The Plaintiff received the first insurance premium from Defendant B around that time.

Insurance types are recognized to have been paid once the first insurance premium from July 30, 2013 to July 30, 2067, comprehensively taking into account the fact that the insurance premium was paid by automatic transfer each month and that 31 insurance premium was paid on or around January 2016: the insurance premium of KRW 79,000: From July 30, 2013 to July 30, 2067: The insured at KRW 100 million upon the death of a disease: There is no entry of the beneficiary of the death insurance, and the latter disability insurance money cannot be terminated in any of the following cases, notwithstanding Article 27 (2) 1 of the General Terms and Conditions:

(1) When the plaintiff knew of, or was not aware of, such fact at the time when the contract was concluded. (2) When one month has passed since the date when the plaintiff became aware of such fact, or when two years have passed since the date when he/she received the first insurance premium.

B. E was found to have died on January 26, 2016, and was stated to the following purport in the records of the relevant case of change.

Defendant B stated that “E suffers from illness, such as liveration,” but the above Defendant’s house was left before two months, and dynasty was dynasty without drinking breath from the point of the discovery.”

As a result of the examination, it is presumed that it is not visible to see the appearance, and it is presumed that it is a cause-resistant personnel.

E has been hospitalized by hospital for the treatment of alcohol addiction before, and received outpatient treatment around December 2015.

(c) E’s heir is the Defendant B and C, who is his predecessored.

On April 27, 2016, the Defendants claimed insurance money for illness death based on the instant contract to the Plaintiff, but the Plaintiff did not comply with the duty of disclosure.

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