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(영문) 의정부지방법원고양지원 2015.09.02 2014가합53509
채무부존재확인
Text

1. There is no obligation to pay insurance money to the Defendants by the Plaintiff based on each insurance contract listed in the separate sheet.

Reasons

1. Basic facts

A. D (hereinafter “the deceased”) around October 21, 2013, around 21:12, 2013, at the F F F Insignia center located in the third floor of the E-building in Pakistan, lost its consciousness by using a fluoring machine, and was sent to a nearby hospital by a first responder, but died.

B. The Defendant C, the deceased’s spouse, and the Defendant A and B inherited the deceased’s property due to the death of the deceased.

C. On March 2, 2010, the Plaintiff and the Defendant entered into an insurance contract of the attached Table 1 (LIG driver’s insurance contract, hereinafter “the first insurance contract”) between the Plaintiff and the Deceased on February 28, 2012, and the attached Table 2 insurance contract (LIG driver’s insurance contract, hereinafter “the second insurance contract”) and the insurance contract of the attached Table 3 (LIG YU Plus III health insurance contract, hereinafter “the third insurance contract”) on July 4, 2013. In each of the above insurance contracts (hereinafter “each of the instant insurance contracts”), the statutory heir is designated as the beneficiary at the time of the death of the insured.

On the other hand, Articles 7(1) and 5(1) of the Terms and Conditions of the first insurance contract provide that "if the insured suffered bodily injury during the insurance period and died within two years from the date of accident as a direct result of an accident caused by a sudden and unexpected accident to his/her body during the insurance period, the plaintiff shall pay the total amount of the purchase of insurance to the beneficiary as the death insurance amount." Article 2(1) of the Terms and Conditions of the second insurance contract and Article 2 of the General Injury Death and Death Special Clause of the Terms and Conditions of the Second Insurance Contract, "the plaintiff is dead as the direct result of the injury of the insured during the insurance period (which refers to the bodily injury caused by a sudden and incidental accident during the insurance period)."

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