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(영문) 대전고등법원(청주) 2015.09.15 2014나21220

채무부존재확인

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. B concluded the instant insurance contract with the Plaintiff on December 23, 2009, and the main contents of the terms and conditions applicable to the instant insurance contract (hereinafter “instant terms and conditions”) are as follows.

【General Terms and Conditions】 Article 6 (Compensation for Loss) (1) If the insured (Subject-matter of Insurance) suffers bodily injury (excluding personal injury, personal injury, bill, bill, bill, etc.) due to any sudden and incidental accident (hereinafter “accident”) during the insurance period, the company shall compensate for the damage resulting from the injury (hereinafter “damage”) in accordance with the Terms and Conditions.

【Bodily Injury Income Compensation (not less than 50%) Article 1 (Compensation for Damages) (1) of the General Terms and Conditions for the Insurance Company shall pay the full amount of the purchase amount of the insurance policy of this Special Terms and Conditions to the insured (the insured) where the payment rate under each subparagraph of the Disability Classification Table (See Table 11) is higher than 50%, as the insured (the insured) suffered from the injury as prescribed in Article 6 (Compensation for Damage) of the General Terms and Conditions for the Insurance, and has lost part of the body within one year from the date of the accident as a direct result of the cure of the injury, or has lost its function permanently (hereinafter referred to as “after disability”).

(Provided, That if two or more subsequent disabilities are caused by the same accident, the total rate of payment of the subsequent disability shall be paid.

(5) Notwithstanding paragraph (4), where not less than two disabilities in the same physical disability classification table have occurred on the same physical part, the highest payment rate shall not be added up and applied.

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.

[Attachment 11 Disability Classification Table]

1. 1) "Disability" means a state of damage to a permanent mental or physical body remaining after recovery from an injury or disease. 2) The term "permanent disability" means a state of damage to a body.