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(영문) 대전고등법원(청주) 2019.04.10 2017나6628

채무부존재확인

Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The reasoning for this part is that the court’s reasoning is stated in this part of the reasoning of the judgment of the first instance, with the exception of adding “..........” to “............................... the 4th anniversary of the reasons for the first instance judgment’s dismissal of “.... disability” to “... disability classification” under “................. there is no dispute over “in the grounds for recognition” between paragraphs (1) and (2) (including “(4).............., evidence Nos. 8 and 9, including the 4th table), evidence No. 1 through 3, E evidence No. 1, and the result of appraisal entrustment to the F association of this court, the purport of the entire pleadings,” it shall be cited pursuant to the main sentence of Article 420

2. The parties' assertion

A. The plaintiff's assertion that the defendant did not control the right shortage, and it has lost the function of the bar at the time when the left-hand damaged lawsuit is cut off, and it cannot be deemed that the defendant's difficult function has been permanently lost due to the insurance accident of this case.

In addition, the loss of the function of the inception is not caused by the disease determined during the insurance period, and the loss of the function of the inception alone cannot be seen as falling under the "when the inception has lost all the several difficulties prescribed in the terms and conditions of the contract of this case." Thus, there is no insurance claim

B. On July 31, 2014, the Defendant asserted that the left-hand distressed by an operation. On July 7, 2016, the Defendant 85% of the right-hand distressed by an operation.

In addition, since the defendant has lost the function of each of the above surgery, it shall be included in the terms of the contract of this case in the "when the defendant has lost all of the difficulties in both sides."

Therefore, the Plaintiff: (i) KRW 25 million (=50 million x 50%) according to the special terms and conditions of the injury after the death of a disease (the subscription price of KRW 50 million) and (ii) pursuant to the special terms and conditions of the injury for loss of a disease (the subscription price of KRW 20 million) and (iii) pursuant to the special terms and conditions of the injury for loss of a disease (the subscription price of KRW 20 million), the Plaintiff shall have 2.5 million on the date on which