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(영문) 청주지방법원 2018.08.23 2017가단108202

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 January 6, 1997, the Plaintiff entered into a non-dividend traffic safety insurance contract (hereinafter “instant insurance contract”) with the Defendant and the main insured, from November 6, 1997 to November 6, 2017, with the Plaintiff’s insurance coverage period, from November 6, 2017 to the Plaintiff’s insurance coverage amounting to KRW 35 million in total, and at the time of disability of Grade 1 or 2, with the direct cause of a disaster that occurred during the insurance period, to pay KRW 1 million per month as disability pension of Grade 1 or 2 (hereinafter “instant insurance contract”).

The insurance contract of this case stipulates that disability pension shall be paid when the insured becomes a disability of Grades I through II in the list of disability classification for the direct reason of a disaster that occurred on the ordinary day during the insurance period, and the disability classification table stipulates that disability pension shall be paid, and the disability classification table stipulates that when the insured is provided with care (Grade I) at all times or he/she is required to receive occasional nursing (Grade II) after leaving a clear obstacle to his/her spirit, alert or mind with a clear disability.

On the other hand, the term "disaster" as mentioned above means a contingency accident (Provided, That if a person who has a disease or a physical constitutional factor suffers from a minor external factor or has aggravated symptoms, the minor external factor shall not be considered as a contingency accident).

B. B obtained an operation at a hospital located in Cheongju-si, on July 21, 2016, after going beyond the toilet on July 20, 2016, by suffering from the body of the left-hand body body (hereinafter “instant accident”).

However, while being hospitalized at the above hospital for treatment after surgery, there was symptoms such as food, clothing, etc. on July 30, 2016, and as a result, brain MRI shooting was confirmed to be acute cerebral cerebral typ.

As of February 14, 2017, B shows that there is a need for nursing at all times by showing symptoms of consciousness (95% of brain functional disorder), language disorder (95%) and safafafafafafafafafafafafafafafafafa.

C. We examine the medical records of the Defendant in the course of examining the payment of insurance proceeds.