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(영문) 인천지방법원 2021.02.24 2020가단14269

손해배상금 반환

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The claim of this case is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On October 4, 1997, the Plaintiff entered into an insurance contract with the Defendant for monthly insurance premium of KRW 98,200, the payment period of KRW 10, the insurance period of KRW 26, and the non-dividend C insurance contract with the insured as the Plaintiff (hereinafter “instant insurance contract”).

B. According to the terms and conditions of the insurance contract of this case, where the plaintiff was in a state of disability of Grades 2 through 7 in the classification table of directly causing a disaster during the insurance period, the defendant shall pay disability benefits to the plaintiff. The disability classification chart contains "where the plaintiff has permanently left two or more types of movements in spine (at least the extent that can be clearly seen from the outside even if he wears normal clothes) or serious physical disability (at least the bones, such as the bones or chest, etc., before and after the bend, bend, bend, and left, or right or right or right or right or right or right or right or right or right or right or right or right at the time when two or more types of movements in spine (at least 1/4 of physiological range is limited)," and "where the movement of 2 or more types of movements in spine (including the bones, bend or left, and the bones or right or right or right or right or right or right or right or right or right or right or the right or right or right or right or duty of the plaintiff is restricted."

(c)

On November 25, 2019, the Plaintiff filed a claim against the Defendant for the payment of insurance proceeds under the instant insurance contract on the ground that the Plaintiff suffered a serious obstacle after the escape certificate of the warning signboard was lost due to an accident, such as the depression, etc. on December 1, 2018, but the Defendant rejected the Plaintiff’s claim on the ground that the escape certificate of the warning signboard does not constitute an obstacle under the terms and conditions of the instant insurance contract.

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1 through 3, 5, Eul evidence No. 1, the purport of the whole pleadings

2. Determination: