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(영문) 광주지방법원순천지원 2013.11.14 2012가합5286
채무부존재확인
Text

1. In relation to the accidents described in paragraph 1 of the attached Table concerning the network B, an automobile insurance contract described in paragraph 2 of the attached Table.

Reasons

1. Basic facts

A. On February 23, 2012, the Plaintiff concluded a personal automobile insurance contract (hereinafter “instant automobile insurance contract”) with the deceased, the Defendant’s spouse, as a juristic person running various non-life insurance business.

B. B was discovered in the state of death as shown in Section 1 of the attached Table by C, which was passed on September 15, 2012 at the time of the insurance period of the instant automobile insurance contract, around 09:07.

C. On the day of the accident, the body autopsy as to B entered the cause of death into the body autopsy as “unexploitation” for the cause of death, and B had been treated due to urology, alcohol liver disease, etc. from around 2003 to around the time of death.

The general terms and conditions of the automobile insurance contract of this case provide that “The insurer shall compensate for any loss incurred by the insured when the insured dies or is injured due to an insured automobile accident that occurred during the possession, use, and management of the insured automobile,” and the item “(i) death” provides that “I shall limit the amount of the death insurance as stipulated in the insurance policy to the amount of the death insurance policy if the insured died as a direct result of the injury.”

E. The beneficiary of the death insurance in the instant automobile insurance contract is designated as the legal heir in B, and the heir in B is the defendant, who is the spouse, and there is D(23), E(21), and F(15).

In consultation with co-inheritors who are children, the Defendant unilaterally succeeds to the instant automobile insurance claim related to the instant automobile insurance contract. On September 2012, 2012, the Defendant filed a claim with the Plaintiff for the payment of KRW 100,000,000 of the death insurance amount under the instant automobile insurance contract, but the Plaintiff did not pay.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, and 6, Eul evidence Nos. 2, 3 and 4, and this Court.

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