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(영문) 광주고등법원 2015.04.01 2014나3879
채무부존재확인
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On December 16, 201, the deceased B (hereinafter “the deceased”) entered into an insurance contract in attached Table 2 (hereinafter “instant insurance contract”) with the Plaintiff on December 16, 201.

The main contents of the terms applicable to the instant insurance contract are as follows.

[General Terms and Conditions] 18. (Reasons for Not Payment of Insurance Money) The Company shall not prevent insurance money when any of the following events occurs:

(1) The insured shall be intentionally liable to make a free decision due to mental disorder, etc.: Provided, That in cases where the insured has impaired himself/herself while he/she is unable to make a free decision due to mental disorder, the insurance money shall be paid and

【Bodily Injury Death Clause】

1. (Types and Grounds for Payment of Insurance Money) If an insured person (person subject to insurance) described in an insurance policy has died as a direct result of an injury that occurred during the insurance period of this Special Terms and Conditions (any sudden and remote accident that happens during the insurance period) and died, the company shall pay the amount of insurance coverage of this Special Terms and Conditions as the amount of the injury or death insurance benefit.

4. (Provisions Applicable Mutatis Mutandis) Any matter not stipulated in this Special Clause shall be at the risk of complying with the General Terms and Conditions.

However, this Special Terms and Conditions shall not pay the maturity refund of 19. (Payment of Maturity Refund) specified in the General Terms and Conditions, and the early withdrawal of 22. (Advance Withdrawal).

B. On October 27, 2013, the Deceased, at around 19:10 of 2013, he/she voluntarily set up his/her own land parking lot from 101 Dong 101 to 101 Dong 101, and died from dubing and brain damage, etc. around that time.

(Attachment 1) A death accident described in paragraph (1) of the attached Table, hereinafter referred to as “instant accident”).

The Defendant was the deceased’s legal spouse at the time of the instant accident.

[Ground of recognition] There is no dispute, and there are several numbers below Gap evidence 1 to 6.

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