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(영문) 서울남부지방법원 2018.04.24 2017가단240292
채무부존재확인
Text

1. The plaintiff is based on the insurance contract stated in the attached Table No. 2 concerning the insurance accident stated in the attached Table No. 1.

Reasons

1. Basic facts

A. A. Around July 2012, the deceased B (hereinafter “the deceased”) entered into an insurance contract with the Plaintiff listed in [Attachment List No. 2] (hereinafter “instant insurance contract”).

[General Injury, Death and Disability Compensation Clause] Article 2 (Types and Grounds for Payment of Insurance Money) (The Insurance Money) Company shall pay to the insured the insurance money agreed upon when any of the following causes occurs to the insured:

1. If a person dies as a direct result of an injury (or a bodily injury caused by an accident that happens during the insurance period) during the insurance period of this Special Terms and Conditions, the full amount of the insurance coverage amount of this Special Terms and Conditions shall be paid to the beneficiary as the general injury, death insurance amount;

Article 4 (Reasons for Not Payment of Insurance Money) The Company shall not prevent insurance money when any cause for payment of insurance money occurs pursuant to the provisions of Article 17 (Reasons for Not Payment of Insurance Money) (1) through (2) of the General Terms and Conditions.

[General Terms and Conditions] Article 17 (Reasons for Not Payment of Insurance Money) Company shall not prevent insurance money when any of the following events occurs to cause the payment of insurance money:

2. The intention or proviso of the beneficiary (the beneficiary of the insurance money) is omitted;

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

C. On August 22, 2015, the Defendant was found guilty only for the crime of murder, etc. on the ground that it was difficult to deem that the Defendant was guilty on the ground that: (a) the head of the deceased, who was found as a brick, was fluored and discriminatoryly assaulted, resulting in the death of the deceased; and (b) thereby, the murder was prosecuted but

(C) The Seoul High Court 2016No2826 case (Seoul High Court 2016No2826) d.

On March 30, 2017, the Defendant claimed insurance money from the death of the deceased, the insured, but the Plaintiff was intentional by the Defendant, the beneficiary.

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