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(영문) 수원지방법원 2013.09.05 2011가합10771

보험금

Text

1. The insurance contract shall be based on each insurance contract described in attached Forms 1 and 1(2) with respect to the insured events described in attached Forms 1(1).

Reasons

1. Basic facts

A. On January 29, 2007, the Plaintiff entered into an insurance contract as indicated in attached Form 1(1) (hereinafter “instant first insurance contract”) with the Defendant and the insurance contract as indicated in attached Form 1(2) (hereinafter “instant second insurance contract”) on February 12, 2009, respectively. Of the security items, the security items include the following: (a) the injury after death, the injury after the death, the injury after the injury, the injury after the injury, the 50% or more of the injury (instant first insurance contract); (b) the injury death, the injury after death, the injury after the injury (instant second insurance contract) and the injury medical expenses (instant second insurance contract).

On the other hand, the main part of the terms and conditions of the first and second insurance contracts of this case (hereinafter “instant terms and conditions”) is as shown in attached Table 2.

B. Meanwhile, on March 27, 2010, the Defendant, who was employed in B (ju) as an electrical installation and electric cable mechanic, was in contact with a high-tension cable and was in contact with the right hand, head, and was inflicted three degrees of video injury on the right hand, while carrying out the operation of the ebbbbs in the front line with the main safety team (hereinafter “instant electric accident”). From March 27, 2010 to October 1, 201, the Defendant borne KRW 42,61,107 out of total medical expenses when receiving hospitalization and surgery treatment at the Han River-type Hospital of Korea University from March 27, 2010 to October 1, 201, with the burden of KRW 12,432,919 of total medical expenses.

C. Even after the completion of treatment, the Defendant issued a written diagnosis of a successor disability with the content that the main disability remains, and the right fingers and fingers, etc. are not properly checked or bended, the Defendant rejected the payment of the above insurance proceeds on the ground that the Defendant’s disability payment rate is less than 50% under the instant 1 and 2 insurance contract, and then the Plaintiff was entitled to receive a written diagnosis of a successor disability with the content that the sum of the disability payment rate (i.e., 75% (i., 60%) from Han River University’s Han River heart Hospital and Jeju University’s offset hospital.

[Ground of recognition] Facts without dispute, entry of Eul's evidence Nos. 1 to 9, purport of the whole pleadings

2. Determination as to the principal lawsuit and the counterclaim

A. The key point of the instant case, between the Defendant and the Plaintiff, and the Nos. 1 and 1 of this case.