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(영문) 광주지방법원 2017.09.07 2016가합52410

채무부존재확인

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 August 23, 2011, the Plaintiff, as an insurer, entered into each of the insurance contracts listed in the separate sheet No. 1 (hereinafter “each of the instant insurance contracts”) with the Defendant as the policyholder and the insured as the policyholder, as indicated in the separate sheet No. 1 (hereinafter “each of the instant insurance contracts”). The key terms and conditions of each of the instant insurance contracts are as follows.

Article 17 of the General Terms and Conditions (Types and Grounds for Payment of Insurance Money) The Company shall pay the insurance money agreed upon to the beneficiary (beneficiary) when any of the following events occurs to the insured (beneficiary):

2. If he/she becomes disabled equivalent to a rate of disability payment less than 80% specified in the disability classification table during the insurance period period: General provisions of Chapter I of the disability classification table in attached Table 1: Insurance proceeds for aftermath disability (the amount obtained by multiplying the payment rate prescribed in the disability classification table by the insurance amount of the terms and conditions entered in the insurance policy).

3. In other cases where one disability is ordinarily derived from two or more parts or the same parts of the disability classification table according to the observation method, only the higher payment rate shall apply to the parts or the same parts of the same body, and in cases where one disability is ordinarily derived from the other parts, only the higher payment rate shall apply.

Chapter II Guidelines for Determination by Disability Classification

9. Obstruction of legs;

(a) If there is a serious obstacle to the functions of Section 1 among the three sections of a bridge: 20 per cent; 6) if there is a minor obstacle to the functions of Section 1 among the three sections of a bridge: 5 per cent; 11.

(a) When he has lost part of the boness of all of five launchings of proposal for five categories of obstacles, or when he has left obvious obstacles: 20 percent;

(c) Determination of the rate of payment 1) not 1. (The rate of payment for the post-explosive disability of legs and sloping shall, in principle, be aggregated, and the rate of payment shall not exceed 60 per cent.

13. Obstruction of new alert or mental behavior;

(a) When the remaining obstacles remain in one new boundary: 10.0