208dan4340 (Counterclaim) Insurance proceeds

Law Firm Doz.

Attorney Lee In-bok

Attorney Lee Do-young

2. The defendant (Counterclaim Plaintiff)'s counterclaim is dismissed.

3. The costs of the lawsuit are assessed against the Defendant (Counterclaim Plaintiff) by aggregating the principal lawsuit and the counterclaim.

Counterclaim: The plaintiff (the counterclaim defendant; hereinafter the plaintiff is the plaintiff) shall pay to the defendant (the plaintiff is only the plaintiff; hereinafter the defendant) 21,059,824 won with 5% per annum for the period from July 23, 2006 to the date the judgment of this case is rendered, and 20% per annum for the period from the next day to the date of full payment.

A. On December 26, 2005, the Defendant entered into an injury insurance contract (hereinafter “instant contract”) with the Defendant, the insured, and the period of coverage on December 26, 2005, setting up between the Plaintiff and the Plaintiff as of December 26, 2005.

B. Article 15(1) of the Class 1 General Terms and Conditions of Undividendd General Insurance incorporated into part of the instant contract provides that “The Company shall not compensate for any damage caused by the following causes.” Article 15(7) provides that “The Insured’s pregnancy, childbirth (including the king), miscarriage, and other medical treatment. However, in the case of injury inflicted by the Company, it shall be open to the company.”

C. On May 4, 2006, the Defendant was hospitalized in a medical corporation ○○ on a medical corporation, which was accompanied by an e-mail with an e-mail terminal, a pulpy E-Larier’s symptoms associated with an electronic e-mail, a pair of sulphical typosiss due to the sulphe’s childbirth, and a sulphe’s symptoms following the sulphe’s infection after the sulphe transfusion.

(d) Electronic livers refer to the birth of a woman with no high blood pressure from 20 weeks of pregnancy by a pregnant woman who has no high-tension disease, which shall only occur to pregnant women.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Gap evidence No. 2, Gap evidence No. 3-1 through No. 4, and fact-finding with respect to the medical corporation of this Act ○○, the purport of the whole pleadings

2. Determination

The term "injury as a risk guaranteed in the accident insurance" refers to physical damage caused by an unexpected accident from outside, and the cause of the accident refers to a small use from outside the body of the insured, and it shall be excluded from the time limit for internal causes such as physical illness (see Supreme Court Decision 2001Da27579, Aug. 21, 2001). Therefore, Article 15 (1) 7 of the General Terms and Conditions of Contracts of this case provides that "the pregnancy, childbirth (including the king), miscarriage or external surgery, and other medical treatment" as the insurer's exemption from liability is merely an example that provides that the insurer's exemption from liability is not guaranteed as an accident insurance if the accident is not a sudden and remote outpatient accident.

On May 4, 2006, the defendant alleged that he received treatment of his hospitalization was an insured event secured by the contract of this case, and claimed insurance payment to the plaintiff as a counterclaim. Thus, the defendant's hospitalization is due to the e-mail caused by pregnancy, and this cannot be deemed to affect the outside of the body of the defendant who is the insured. Thus, without considering the remaining points, the defendant's counterclaim claim is without merit, and as long as the defendant asserts that there is no insurance claim against the defendant, and as long as the defendant does not exist, the plaintiff is entitled to seek confirmation, the plaintiff's claim of the principal lawsuit is justified.

3. Conclusion

Therefore, the plaintiff's main claim is accepted, and the defendant's counterclaim is dismissed.