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(영문) 서울고등법원 2013.10.17 2012나44732

보험금

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1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.

2. According to the counterclaim that was brought at the trial of the court, the plaintiff (a counterclaim defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is an insurance company running various non-life insurance business. The Defendant, as the policyholder and the insured who concluded the instant insurance contract with the Plaintiff, was a private teaching institute instructor at the time of concluding the instant insurance contract.

B. On May 18, 2010, the Plaintiff entered into the instant insurance contract with the Defendant on May 18, 2010. Of the general terms and conditions incorporated into the terms and conditions of the instant insurance contract, the main contents relating to the instant case are as follows. Article 4 (Non-Compensation Matters) (2) Unless otherwise agreed, the Company shall not compensate for injury incurred by the insured’s following activities for the purpose of occupation, duties or club activities:

(1) The contractor or the insured under Article 31 (Effect of Violation of Obligation to Notify) (1) may terminate this contract regardless of whether or not there is any loss or damage, if the contractor or the insured intentionally or by gross negligence violates Article 29 (Payment of Insurance Money) and falls under any of the important matters when the contractor or the insured violates the obligation under Article 38 (Payment of Insurance Money), and shall issue the receipt, and shall pay the insurance money for physical damage within three business days from the date of receipt of the document, the insurance money for liability for damage, and the insurance money for property damage within 20 business days from the date of receipt of the document.

(2) A company shall pay insurance proceeds.