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(영문) 광주지방법원순천지원 2017.07.20 2016가합11920
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts (applicable for recognition: The non-contentious facts, Gap evidence 1, 2, and 3, and Eul evidence 1 and 2 (including paper numbers; hereinafter the same shall apply);

(2) Each entry and the purport of the whole pleading

A. From September 18, 2007 to December 24, 2015, the network D (EE; hereinafter “the network”) concluded each insurance contract, such as the attached Table No. 2, with the Plaintiff, an insurance company, as indicated in the attached Table No. 2 (hereinafter “each of the instant insurance contracts”).

B. At around 14:50 on January 29, 2016, the Deceased was found to have been dead at the rear seat of the Fcar owned by the Deceased (hereinafter “instant accident”), and the National Scientific Investigative Research Institute presumed the deceased’s private person as next to the death, at the point of view of going against seawater on the tidelands inside the construction site of the Seogjin Jin-si Port at Pyeongtaek-si-si Port located in Pyeongtaek-si-si.

C. Defendant A is the deceased’s spouse, and Defendant B and C are the deceased’s children, and the Defendants thereafter filed a claim against the Plaintiff for the payment of the insurance money under each of the instant insurance contracts.

Meanwhile, the terms and conditions of each insurance contract of this case stipulate that the insured shall not pay insurance money if the insured intentionally injures himself/herself.

2. Determination

A. According to the above recognition of the occurrence of the obligation to pay the insurance proceeds, the Plaintiff, the inheritor of the deceased, is obligated to pay the insurance proceeds under each of the instant insurance contracts to the Defendants, as the inheritor of the deceased on the ground of the deceased’s death.

B. In light of the fact that the Plaintiff did not find a skiing mark at the scene of the accident, that there was no skid mark on the front or side of the part other than the bottom of the vehicle, that there was no trace of the collision with the surrounding obstacles, that the Deceased’s escape cannot be seen in the vehicle, and that the Deceased had a large amount of worth worth KRW 55 million, etc., the accident of this case is caused by suicide of the Deceased, and this constitutes grounds for exemption under the Commercial Act or the insurance contract of this case.

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