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(영문) 청주지방법원 2019.11.21 2018가단24318

채무부존재확인

Text

1. The Plaintiff’s disease against the Defendant based on an insurance contract concluded on December 20, 2010 between the Plaintiff and the Defendant.

Reasons

1. Basic facts

A. On December 20, 2010, the Defendant entered into a C insurance contract with the Defendant who was pregnant at the time as the insured (hereinafter “instant insurance contract”) as indicated in the attached Form C (hereinafter “instant insurance contract”).

B. According to the instant insurance contract’s “specific high-level disability” guarantee clause (hereinafter “instant special terms and conditions”), the Plaintiff is obliged to pay KRW 10,000,000 insurance proceeds of “specific high-level disability” to the Defendant in the event that the following conditions are satisfied:

1) When the type and cause for the payment of insurance proceeds (Article 1) fall under any of the following cases directly due to a disease during the insurance period, the amount entered in the insurance policy shall be paid to the beneficiary only once for the first time according to the special agreement. The insurance proceeds of a specific high-level disability shall not be paid in duplicate. (1) The insurance proceeds of a specific high-level disability shall not be paid in duplicate.

(2) One or more disabilities, such as physical disability, cerebral disability, visual disability, hearing disability, and speech disorder, are generated, and Grade I or II disability (referring to physical disability, brain disease, visually disability, visually disability, hearing disability, and speech disorder) prescribed in Article 2 of the Enforcement Decree of the Act on Welfare of Persons with Disabilities and Article 2 of the Enforcement Rule of the Act on Welfare of Persons with Disabilities and Article 2 of the Enforcement Rule of the Act on Welfare of Persons with Disabilities.

(ii)At the time of becoming a disease (as referred to in subparagraph (ii)(ii) the definition and diagnosis (as referred to in Article 2) of a specific high-level disability for a disease (as referred to in Article 1 (Types and Grounds for Payment of Insurance Money) (as referred to in Article 1), the term "specific high-level disability for a disease" in [Attachment 18] is diagnosed and confirmed as having become a disability set forth in 1. of "Criteria for Determination of Specific High-level Disability for a Disease" and as it constitutes a disability set forth in 2-8 of the same