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(영문) 서울중앙지방법원 2016.12.23 2016가합530661

채무부존재확인

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

The plaintiff, such as the status of the parties, is a company established for the purpose of running insurance business under the Insurance Business Act and related statutes.

The Defendant entered into an insurance contract with the Plaintiff on August 16, 2013 (hereinafter “instant insurance”). Of the instant insurance contract’s disease-related special terms and conditions, “2-17 Disease Income Compensation Fund II (50%) special terms and conditions (50% or more)” (hereinafter “the instant special terms and conditions”) and “the attached Table 1 disability classification table” in the attached Table of the instant insurance contract.

Article 1 (Types and Grounds for Payment of Insurance Money) of the Special Terms and Conditions of 2-17.2-17. (2-10% or more) The Company shall pay the insurance money agreed upon to the beneficiary (person receiving the insurance money) when any of the following events occurs to the insured (person subject to insurance). 1. The Disease Income Compensation Fund II: the disease Compensation Fund II: the disease classification table (refer to the disability classification table of attached Table 1; hereinafter the same shall apply) of the diseases diagnosed during the insurance period of this Special Terms and Conditions:

(i) If the rate of payment prescribed in Article 2(1)(i)(ii) is equal to or greater than 50% of the remaining disability, the following amount shall be paid only once for the first ten-year period of payment, 50% of the subscription amount at the time of occurrence of less than one year from the date of the contract to compensate for income from disease, which is less than one year from the date of the contract to the date of the final determination of the diagnosis for ten-year period of 10-year period from the date of the contract to the date of the final determination of the diagnosis for 10-year period.

(5) If two or more subsequent disabilities are caused by the same disease, the rate of the payment of the subsequent disability shall be aggregated.

참조조문