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(영문) 대전지방법원천안지원 2014.11.26 2013가단107702

채무부존재확인

Text

1. As to the accident described in paragraph 1 of the attached list, the plaintiff is the defendant based on the insurance contract stated in Paragraph 2 of the attached list.

Reasons

1. Basic facts

A. On February 15, 2007, the Plaintiff concluded an insurance contract with the Defendant (hereinafter “instant insurance contract”) as an insurer on or around February 15, 2007.

B. On November 17, 2012, the Defendant received a diagnosis that there is a possibility that the eyesight may be deteriorated in the future as a result of 0.08 of the friendly correction trial force at the Macheon National University Hospital and safety balance of the correctional trial force at the Macheon National University Hospital (which means the visual force to the extent that the number of fingers in front of snow can be acceleratored, and which is below 0.02 of the correctional trial force).

C. The Defendant asserted that the accident described in paragraph (1) of the disposition of this case (hereinafter “instant accident”) caused the eyesight as described in Paragraph (1) (hereinafter “instant accident”) and claimed the Defendant to pay the insurance proceeds for the follow-up disability (the insurance amount of KRW 5 million for the damage after death, KRW 45 million, KRW 500,000, KRW 500,000, KRW 500,000, KRW 500,000, KRW 50,000, annually) based on the insurance contract of this case.

In the criteria for determining the classification of obstacles to the insurance contract of this case, 35% shall apply to the payment rate of insurance proceeds when the eyesight of one eye is less than 0.02, and 15% when the eyesight of one eye is less than 0.1.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-4, 8, and 9, the purport of the whole pleadings

2. Summary of the parties' arguments

A. On September 13, 2010, the Defendant, a university student, was concentrated on outdoor training in the field of enlistment, sudden change, and was exposed to the sunlight for long time. In particular, even around October 13, 2010, the Defendant, who was undergoing night mobile technology training, was exposed to the brightness of ground lighting during night mobile technology training.

The above external factors led to the Defendant’s failure to receive proper treatment due to the characteristics of the military, even though there was a bruptism, a bruptism, etc. in the coordinates.