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(영문) 수원지방법원 안산지원 2018.09.06 2016가합5839
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The status D of the parties was married with E on January 24, 1998, but divorced on June 22, 2015.

The defendants are children born between D and E, and they are legal successors of E.

B. On February 25, 201, the Plaintiff and D concluded an insurance contract as the insured on February 25, 201, as indicated in the separate sheet (hereinafter “instant insurance contract”).

The terms and conditions of the instant insurance contract relating to the instant case are as follows.

Article 17 (Reasons for Not Payment of Insurance Money) (1) The Company shall not prevent insurance money when any of the following events occurs to cause the payment of insurance money:

1. The intention of the insured person: Provided, That where the insured person has impaired himself/herself in a state that he/she is unable to make a free decision due to mental disorder, etc., he/she shall pay the insurance money to him/her;

General Injury Death Special Clause Article 2(Types and Grounds for Payment of Insurance Money) The Company shall, during the insurance period of this Special Clause, inflict an injury on an insured person during the insurance period of this Special Clause (excluding physical assistance equipment, such as trees, artificial arms, legss, bills, dental arms, etc., but shall include cases where the insured person is transplanted with his/her body, such as artificial organs or parts, and shall replace his/her function.

hereinafter the same shall apply)

) If the death (except death due to illness) is caused by the direct result of the injury sustained, hereinafter referred to as the "Bodily Injury", the full amount of the insurance coverage under this Special Terms shall be paid to the heir of the beneficiary [the beneficiary, if not designated as the beneficiary, and the beneficiary (beneficiary)] of the insured.

C. Around 00:50 on September 21, 2015, E died due to cardiopulmonary paralysis due to the pulmonary ma from the stroke in the 6th floor of the H Hospital G located in Ansan-si (hereinafter “the instant case”).

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