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(영문) 서울북부지방법원 2017.09.12 2016가단42548

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Around January 21, 2008, the Plaintiff concluded an insurance contract with the Defendant with the following content.

(hereinafter referred to as the “instant insurance contract”). The name of insurance products: Family Love Insurance Policyholders and the insured: The insurance period of the Plaintiff: January 21, 2008 to January 21, 2038: the content of guarantee:

(a) General injury, death or disability after the death of an injury - the amount subscribed to at least 80% of the injury, and the amount subscribed to less than 80% of the injury in the event of a disability, x payment rate of the disability concerned (10,000,000 won out of the amount subscribed to insurance);

(b) General injury, rehabilitation and treatment expenses II - Amount subscribed to the disability of at least 50% due to an injury, x ten times payment (amount of insurance coverage, 5,000,000);

B. On January 23, 2016, the Plaintiff suffered an injury resulting from the bruption of the border part of the brupted area of the brupted area (hereinafter “instant accident”), and received an anti-refluence on the left-hand left-hand side around January 27, 2016.

On May 25, 2017, the Plaintiff was diagnosed as having a disability rate of 20% due to a high-ranking disease.

C. On September 9, 2016, the Defendant paid to the Plaintiff the amount of KRW 3,00,000 (amount of insurance coverage 10,000,000 x 30%) and interest for delay.

On the other hand, the main contents of the general terms and conditions, special terms and conditions, and disability classification table of the instant insurance contract are as follows.

Article 16 (Insurance Money for Social Disability) (2) of the General Terms and Conditions: In case the insured was injured by an accident as prescribed in Article 13, and the injury was cured, and the company has lost part of the body within two years from the date of the accident as a direct result of the accident, or has lost its function permanently (hereinafter “aftermath disability”), and the rate of payment specified in the Disability Classification Table remains for less than 80% (hereinafter “general aftermath disability”), the company shall be the beneficiary of the general after deducting the amount calculated by multiplying the insurance amount stated in the insurance policy in the insurance policy by the rate of payment prescribed in the Disability Classification Table.