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(영문) 광주지방법원 2019.06.28 2018나60297

채무부존재확인

Text

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

2. The Defendant (Counterclaim Plaintiff) that was changed to an exchange in this Court.

Reasons

1. Facts of recognition;

A. On January 11, 2010, the Defendant concluded an insurance contract with the Plaintiff, the insured C, and the beneficiary as the Defendant (hereinafter “instant insurance contract”).

Article 18(Ordinary Disability Insurance Money): In case the insured was injured by an accident as provided in Article 15 (Compensation for Damages) and the injury was cured, the company has lost part of the body within two years from the date of the accident or has permanently lost its function, and there has been a remaining disability whose rate of payment as provided in the Disability Classification Table is less than 80%, the company shall pay to the beneficiary the amount calculated by multiplying the insurance policy amount of the disability insurance for the disability after the death or death as provided in the Insurance Policy (Insurance Policy) by the rate of payment as provided in the Disability Classification Table.

(4) If the rate of the payment of the residual disability insurance proceeds referred to in paragraphs (1) through (3) is not determined until 180 days have passed from the date of the accident, the rate of the payment of the residual disability shall be determined as the rate of the payment of the residual disability in a condition recognized as fixed based on the diagnosis of the doctor on the 1

However, if the state of disability becomes worse during the period in which the disability is to be guaranteed thereafter, the rate of payment of the remaining disability shall be determined on the basis of the aggravated state of disability, and if the timing for the determination of disability is separately determined in the disability classification table, it shall be at the

(6) If two or more subsequent disabilities are caused by the same accident, it shall be paid by adding up the payment rates of the subsequent disability.

However, if the criteria for determining each physical parts of the disability classification table are separately prescribed, it shall be at the risk of complying with such criteria.

Article 3 (Disability Pension Security Clause with 50% or more of the Injury) 1 Company shall be the insured.