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(영문) 대구지방법원 2020.11.26 2017가합201099
채무부존재확인
Text

1. On November 29, 2016, around 03:30 on November 29, 2016, the Defendant’s fingers around the freezing warehouse located in Daegu-gu C are cut by the Defendant’s fingers.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant entered into each insurance contract with each of the Defendant, each of the insured and other beneficiaries as well as each of the insurance contracts listed in the attached Table, each of which constitutes an injury to the subject of security, and a subsequent disability, etc.

Each general terms and conditions applicable to each insurance contract of this case provide that insurance money shall not be paid when a cause for the payment of insurance money occurred due to “the insured’s intentional harm” or “the insured’s intentional intent.”

B. On November 29, 2016, around 03:30 on November 29, 2016, at around 03:30, three nearby the Defendant’s left hand bags (abstin, abstin, and abstin) cut by an electrical machine cutting machine (hereinafter “instant accident”) around the freezing warehouse located in Daegu-gu, Daegu-gu (hereinafter “Seoul-gu”), and accordingly, the Defendant suffered from a pro rata disability.

C. On January 12, 2017, the Defendant filed a claim with the Plaintiff for the payment of insurance proceeds under each of the instant insurance contracts.

On November 29, 2016, at around 03:30 on November 29, 2016, the Defendant used electric machinery cutting machines (alleys) from the freezing warehouse located in Daegu-gu, Daegu-gu, on his/her own, cut off three left fingers by intentionally cutting off the upper part of the upper part of the upper part.

Nevertheless, the Defendant: (a) received an accident from the victim D Co., Ltd. and claimed insurance proceeds as if the accident occurred while he/she had been engaged in livelihood cutting operations around January 20, 2017; (b) received KRW 6,500,000 from the victim Co., Ltd. on January 24, 2017; and (c) received KRW 69,318,803 in total from the victim Co., Ltd. on five occasions until February 23, 2017; and (d) filed a claim for insurance proceeds with the victim Co., Ltd. (Plaintiff) by the same method around January 12, 2017; (b) however, the victim Co., Ltd. did not refuse to pay insurance proceeds due to an intentional accident and did not perform such intent; and (c) claimed KRW 358,506,000 in total six times until January 19, 2017.

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