채무부존재확인
1. With respect to the accidents described in paragraph 1 of the annex, each insurance contract described in paragraph 2 of the same Schedule shall govern.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. Around January 4, 2008, the Plaintiff, an insurance business entity, entered into each of the insurance contracts listed in attached Table 2-A (hereinafter “instant insurance contract”) with the Defendant, as well as the insurance contracts listed in attached Table 2-B (b) around December 11, 201, respectively (hereinafter “instant two insurance contracts”).
B. The major coverage of each of the instant insurance contracts is as follows.
In the case that the remaining disability remains in less than 80% of the payment rate prescribed in the Disability Classification Table due to an injury that occurred in the basic contract (this case 1 insurance contract) 50 million won, the amount of insurance policy for the ten-year period shall be calculated as "admission amount 】 payment rate", and where the remaining disability remains in the payment rate of at least 50 million won as prescribed in the Disability Classification Table due to an injury that occurred in the relevant amount (the insurance contract in this case 1 insurance contract) 50 million won, if the remaining disability remains in the payment rate of less than 80% as prescribed in the Disability Classification Table as of the date of the accident (the 2 insurance contract in this case) of the basic contract (the 2 insurance contract in this case), if the remaining disability remains in the payment rate of less than 10 million won as of the date of the accident, the amount of insurance policy
다. 피고는 2012. 2. 10. 이 사건 사고를 당하였고, 그로 인하여 발등 동맥의 손상, 발의 열상, 무릎의 열상, 비골 골절을 동반한 경골 몸통의 골절, 폐쇄성 무릎뼈 골절, 폐쇄성 경골의 골절 등의 상해를 입고, 2012. 2. 10.부터 2012. 9. 8까지 순천향대학교 천안병원 등에서 입원치료를 받았다. 라.
Around 2013, the Defendant filed a claim against the Plaintiff for the payment of insurance proceeds on the ground that the occurrence of a disability caused by the instant accident.
E. According to the terms and conditions of each of the instant insurance contracts, the term “ex post facto disability” refers to the occurrence of an accident, resulting in the recovery of the injury, thereby having lost part of the body within two years from the date of the accident, or having lost its function permanently.
[Grounds for Recognition] Unstrifed Facts, Gap evidence 3, 4, 6, Eul evidence 1, 2.