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(영문) 서울고등법원 2015.10.30 2014나21139

보험금 등

Text

1. The plaintiff's appeal is dismissed.

2. Of the costs of appeal, the part pertaining to the participation in the appeal shall be the intervenor joining the Plaintiff.

Reasons

1. Basic facts

A. The Intervenor entered into an insurance contract with the Plaintiff’s Intervenor (hereinafter “ Intervenor”) and the Defendant with each of the following insurance contracts (hereinafter “each of the instant insurance contracts”) with the Defendant.

Insurance type contract value of non-life insurance, free of charge, free of charge, free of charge, free of charge, free of charge, free of charge, free of charge, free of charge, free of charge, and free of charge, KRW 10 million, free of charge, free of charge, free of charge, free of charge, free of charge, free of charge, free of charge, free of charge, free of charge, free of charge, free of charge, free of charge, free of charge, free of charge, free of charge, free of charge, KRW 10,000,000 won, on December 13, 2000.

B. The main contents of the terms and conditions of each of the insurance contracts of this case are as follows: 1) Disability Grade 4 provides that “When a disaster occurs during the effective period and the contract becomes null and void, she shall permanently have a clear disability, she shall be determined as the class of disability.” 2) The terms and conditions of each of the insurance contracts of this case shall be determined as the class of each of the terms and conditions of each of the insurance contracts of this case, “where the degree of disability is not determined within 180 days from the date of the disaster, she shall be determined as the class of disability which is deemed fixed based on the diagnosis of the 180th day from the date of the disaster on the basis of the diagnosis of the 180th day from the date of the accident.” 1 year from the date of the accident (when a disaster occurs to the insured during the effective period and the contract becomes null and void, she shall be determined as the class of disability on the basis of the aggravated condition.”

C. At around 22:10 on May 1, 2004, the Intervenor suffered from an injury by the Intervenor, and suffered from assault from E, F, G, and H at the D main points located in Gangseo-gu Seoul Metropolitan Government, Gangseo-gu, Seoul, for approximately four weeks of treatment.