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(영문) 광주지방법원 2019.07.12 2015가합55030

보험금

Text

1. The insurance contract shall be based on each insurance contract described in paragraph 2 of the attached list with respect to the insurance accident described in paragraph 1 of the attached list.

Reasons

1. The principal lawsuit and counterclaim shall also be deemed to exist;

A. The Plaintiff and the Defendant entered into each of the insurance contracts listed in attached Table 2 (hereinafter “each of the instant insurance contracts”) with the insured as the Defendant.

B. On May 13, 2011, the Defendant suffered injury, such as the impairment of the upper left-hand opening of a traffic accident (hereinafter “instant accident”), the impairment of the upper left-hand opening part, the right-hand return part, the annual installments of the lower part, and the impairment of the skin, etc., such as the impairment of the lower left-hand non-bruptal complete damage, the damage of the right-hand slots, the damage of the dives of the right-hand part, and the damage of the dives of the anti-

C. On May 14, 201, the Defendant: (a) performed surgery at the Jeonnam University Hospital; (b) an external fixed and stegying surgery on May 30, 201; (c) an flaging surgery on the flag’s flag, etc. on May 30, 201; and (d) performed a surgery on June 14, 201, such as metal flaging surgery; (b) caused the left-hand flag damage to the left-hand flag.

On February 22, 2013, the Plaintiff paid KRW 28,00,000,00 of the insurance money to the Defendant on the ground that the Defendant incurred a subsequent disability in the movement restriction on the left-hand satisfaction table, which corresponds to 20% each of the payment rates under the disability classification table [Attachment 1] of each of the instant insurance contracts due to the instant accident (hereinafter “the disability classification table”).

E. The terms and conditions of each of the instant insurance contracts are as follows.

[General Terms and Conditions of each of the instant insurance contracts] Article 13 (Compensation for Loss) (1) A Company shall compensate for the loss resulting from the injury (hereinafter “damage”) in accordance with the terms and conditions, if the insured, as stated in the insurance policy (insurance policy), has suffered bodily injury (excluding physical assistance equipment such as acceptance, will, bill, and doctor's duty) due to a sudden and incidental accident during the insurance period (hereinafter “accident”).

Article 16 (Insurance Money for Severe Disability) (2) The company shall be the insured under Article 14.