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(영문) 대법원 2016.05.26 2016다205656
채무부존재확인
Text

The judgment below is reversed and the case is remanded to Seoul High Court.

Reasons

The grounds of appeal are examined.

1. The insurance terms and conditions shall be interpreted fairly and reasonably in light of the purpose and purpose of the terms and conditions in good faith, and shall be interpreted objectively and uniformly in consideration of the interests of all insurance organizations based on the average customer’s interests, without taking into account the intended purpose or intent of each party to the contract. Even after the above interpretation, if the meaning of the terms and conditions is not clear, such as the objective multiple interpretation and reasonableness of each interpretation, it shall be interpreted favorably to customers.

(see, e.g., Supreme Court Decisions 2006Da55005, Sept. 6, 2007; 2008Da81633, May 28, 2009).2. Reviewing the reasoning of the lower judgment and the evidence duly admitted by the lower court reveals the following facts.

On January 28, 2003, the deceased B (hereinafter “the deceased”) entered into an insurance contract with the deceased and the Defendant (Counterclaim Plaintiff), the beneficiary at the time of death, and entered into an “standard type insurance contract for non-payment for non-payment for non-payment for non-payment for non-payment for non-payment for non-payment for non-payment for non-payment for the period of insurance (hereinafter “instant prime contract”) with the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”), and also entered into a non-payment for non-payment for non-payment for non-payment for up to 80 years from the subscription date of the insurance period (hereinafter “instant special agreement”).

B. Article 14 of the terms and conditions of the instant prime contract provides that, when the insured dies during the period of insurance or becomes disabled by class 1 in the table of disability classification, the amount of death insurance coverage shall be paid. Article 10 of the terms and conditions of the instant prime contract provides that, when the insured dies due to a disaster specified in the disaster classification table during the period of insurance or becomes disabled by class 1 in the table of disability classification, the insured shall be paid the amount of death insurance proceeds of KRW 140 million additionally.

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