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(영문) 서울중앙지방법원 2017.05.24 2015가합562982

보험금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On June 22, 2012, the Plaintiff concluded an insurance contract with the Defendant, the insurer, as indicated in the separate sheet (hereinafter “instant insurance contract”).

B. On October 25, 2014, at around 06:00, the Plaintiff: (a) felled on a vessel with a fishing vessel in the northwestwest-do, Incheon Spocheon-gun; and (b) sustained bodily injury from the 2nd emission frame of the Yan River (hereinafter “instant accident”); and (c) received postbrate verting surgery and bones transplantation surgery from a doctor C on October 28, 2014.

C. On February 10, 2015, the Defendant paid 4,000,000 won (=10,000,000 x 40/100) to the Plaintiff on February 10, 2015, on the following grounds: (a) the Plaintiff suffered from a residual disability corresponding to “inverting with serious vertebrates,” which guarantees the payment rate of 40% in the instant insurance contract, even after the Plaintiff received surgery and treatment due to the instant accident; and (b) the Defendant paid 4,00,000 won (=10,000,000 x 40

On the other hand, the main contents of the instant insurance contract relating to the instant accident are as follows.

[3] In the case of an accident resulting from a general injury (general injury), the amount of insurance coverage - the amount of the damage to be paid when a person suffered from a disability by at least 80% due to an accident resulting from a general injury - the amount of the damage covered - the amount of the insurance coverage x the amount of the insurance coverage 】 the amount of the after-paid disability pension with at least 50% general injury 50% due to an accident resulting from a general injury - the amount of the after-paid disability pension with at least 50% of the general injury - the amount of the after-paid disability pension with at least 50% due to an accident of at least 50% of the general injury - the amount of the insurance coverage - the insurance coverage 10 years (one first time) (one time) of the total amount of the after-paid disability (one time) - the insurance policy - the payment rate of the daily basic action (ADLs) basic for living, but it is impossible to get off without a rail, and the situation of at least 10% (10%).