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(영문) 서울중앙지방법원 2020.07.15 2019가합5623

손해배상(기) 청구의 소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On July 31, 2007, the Plaintiff entered into a contract with the Defendant with C, the beneficiary, the Plaintiff’s insurance period from July 31, 2007 to July 31, 2042, with the major coverage coverage from July 31, 2007 (10,000,000 won as the purchase price of the insurance), the General Injury Compensation Loss (20,000,000 won as the purchase price of the insurance), the General Injury Compensation Income Compensation Fund (20,000 won as the purchase price of the insurance), the liability for compensation during the family life (10,000,000 won as the purchase price of the insurance).

(hereinafter “instant insurance contract”). (b)

The insured C suffered injury on the right part of the upper part by drinking the telecom glass with a view to drinking it under the influence of Maurter on August 17, 2010.

(hereinafter referred to as the "accident of this case") 2. The above policyholder (Plaintiff) or the insured (C) (beneficiary) shall be entitled to the exemption of the insurance proceeds from the subsequent disability in connection with the claim for a series of insurance proceeds under the above insurance contract.

① The accident occurred on August 17, 2010 constitutes an accident under the intention of the ordinary terms and conditions, and thus, the exemption from insurance proceeds of the subsequent disability is treated as the exemption from insurance proceeds of the subsequent disability. ② With respect to the accident that occurred on August 17, 2010, B Co. (Defendant) in the future is no longer liable to pay insurance proceeds to C, and promises to waive all rights other than the following and not to file any objection, civil petition, lawsuit, etc.

3. We confirm, through free will, that the above policyholder (Plaintiff) or the insured (Plaintiff) (C) reached an agreement with B (Defendant) only by mutual agreement with B (Defendant) and explain all the matters in accordance with the above agreement.

C. After the date of the accident, the Plaintiff filed a claim with the Defendant for insurance money related to the instant accident, and received KRW 3,061,153 in total from the Defendant for general hospitalization expenses, injury pain medical expenses, hospitalization medical expenses, etc., and subsequently signed a written confirmation prepared by the Defendant (Evidence No. 10 (Evidence No. 3) and hereinafter “instant written confirmation”).