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(영문) 광주지방법원 2017.12.12 2017가단82

보험금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

On December 16, 2009, the Plaintiff entered into an insurance contract with the Defendant for a "feled nursing" which was difficult to enter into with the Defendant on December 3, 2012, and suffered injury by traffic accidents on December 3, 2012. Accordingly, the Plaintiff asserts that the Plaintiff is seeking 39,44,900 won (amount of insurance coverage) x 37% (amount of additional disability) x 0.5333 (pro rata to vocational water supply 2%) of the insurance contract terms and conditions as follows: (a) the ground for appeal is that the Plaintiff suffered injury by traffic accidents on December 3, 2012.

However, according to the main text of Article 9(1) of the insurance clauses under the above insurance contract, the insurance contract provides that "the company shall pay the insurance proceeds for residual disability to "if the insured has suffered bodily injury within one year from the date of the accident or has lost its function permanently as a result of direct result after recovering the injury caused by the accident as prescribed in Article 6 (Compensation for Damages)." However, it is insufficient to recognize that the following disability claimed by the Plaintiff alone constitutes "where the Plaintiff has lost its body part within one year from the date of the accident or has lost its function permanently" as stipulated in the above insurance clauses, and there is no other evidence to acknowledge it. Thus, the Plaintiff's above assertion on this premise is without merit without any need to examine it.

Therefore, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.