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(영문) 서울중앙지방법원 2018.06.20 2016가단75105

보험금

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 18, 2014, the Plaintiff concluded a “C” insurance contract with the Defendant (hereinafter “instant insurance contract”).

The main contents thereof are as follows:

1) The insured and the beneficiary of the survival benefit: the insured period from July 18, 2014 to July 18, 2059: the amount of insurance coverage: 3) the amount of 100 million won of the disability after the injury: the amount of 100 million won of the disability after the injury (payment conditions): Where the insured suffers from the injury (10% to 3%) during the insurance period, the amount of insurance coverage shall be paid within the limit of the amount of insurance coverage.

B. On January 16, 2015, at around 16:30, the Plaintiff was suffering from an accident that was cut off from stairs (hereinafter “instant accident”) while going to his/her home located on 5th floor. On January 17, 2015, the Plaintiff received medical treatment at a hospital on January 17, 2015, and received a blith surgery (Tin No. 4, 5, and 1, vertebal ties and 1, ebrates, etc.) on January 21, 2015.

C. According to the result of the court’s physical appraisal commission and the request for supplementation of the results of appraisal, the Plaintiff caused the instant accident and surgery on the side of the conical signboard No. 4-5, the conical signboard No. 5, the conical signboard escape certificate falling under the disability grade of the conical disability classification table, and the obvious playground of the disability grade “verte, etc.” in spine disability classification table. However, the appraisal determined the Plaintiff’s contribution to the instant accident as 50% by taking into account the Plaintiff’s king witness’s change in the direction of the operation and compromise.

[Ground for Recognition: Facts without dispute, entry of Gap evidence 1 to 3, request for physical appraisal of the D Hospital in this Court, and result of request for supplementation of the results of each appraisal, purport of the whole pleadings]

2. The assertion and judgment

A. The Plaintiff’s assertion 1 as to the gist of the parties’ assertion has suffered damage to conical signboards and spine playgrounds due to the instant accident.

The insurance proceeds for the injury of the insurance contract of this case are KRW 100 million, the Plaintiff’s disability payment rate is 30%, and the Plaintiff’s contribution to the accident of this case is considered.