채무부존재확인
1. Insurance money under an insurance contract in attached Form 2 against the plaintiff due to an insured event as shown in attached Form 1.
1. Basic facts
A. The plaintiff is a company running the insurance business.
around 2004, the Plaintiff and the Defendant concluded an insurance contract listed in attached Form 2 (hereinafter “instant insurance contract”).
B. On August 5, 2013, the Defendant suffered injury on the left side by a nurse working at a medical corporation, who was hospitalized for treatment, such as the left-hand satitis, kidney sat, etc., in a medical corporation, due to the damage of the balconium by selling the upper left-hand satis on the wind.
C. On April 10, 2014, the Defendant: (a) received a diagnosis of the instant accident from the National University Hospital of the Republic of Korea, “B type II of the Mabro-Madro-Madro-Madro-Madro-Madro-Madro-Madro-Madro-Madro-Madro-Madro-Madro-Madro-Madro-Madro-Madro-Madro-Madro-Madro-Madro,” respectively; and
The above:
B. Paragraph (b) is “the instant injury” and the above.
(b)the person; and
C. B. The instant insurance accident is collectively referred to as “instant insurance accident.”
(D) On June 23, 2015, the Defendant filed a claim with the Plaintiff to pay KRW 40,000,000 for general accident insurance amount and KRW 100,000,00 for general injury, high-speed disability insurance amount under the instant insurance contract based on the instant insurance accident. [In the absence of dispute over the grounds for recognition, Gap’s statements in subparagraphs 1, 3 through 6, and Eul’s statements, the purport of the entire pleadings, and the purport of the entire pleadings.
2. The parties' assertion
A. Plaintiff (1) The Defendant does not suffer from the residual disability due to the instant insured event, or does not constitute the requirements for the advanced residual disability which stipulated the instant insurance contract.
② The instant injury was caused by the negligence of medical personnel while being treated by the Defendant, and thus constitutes grounds for exemption under the instant insurance contract.
③ After the instant insurance accident, the Defendant expressed his/her intent to waive the claim for insurance payment under the instant insurance contract to the Plaintiff.
Therefore, the plaintiff has no obligation to pay the insurance money under the insurance contract of this case to the defendant.
Accordingly, the plaintiff due to the insurance accident of this case.