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(영문) 서울고등법원 2014.11.20 2013나63037

보험금

Text

The Defendant-Counterclaim Plaintiff’s appeal is dismissed.

The defendant-Counterclaim plaintiff's counterclaim extended in this court.

Reasons

1. The summary of the case and the facts premised on the case

A. The summary of the case is the case where the Defendant asserts that, as its principal lawsuit, the Plaintiff, as its insurance company, filed a claim against the Defendant, who is its policyholder, the liability for the payment of insurance proceeds based on the insurance contract concluded with the Defendant does not exceed 50% of the subsequent disability of the Defendant, and that, as its principal lawsuit, the liability for the payment of insurance proceeds pursuant to the insurance contract concluded with the Defendant does not exceed 22 million won, the Defendant claims against the Plaintiff as its counter-claim that the Defendant’s subsequent disability arising from the reduction accident exceeds 50% of the amount of 50% of the amount

The judgment of the court of first instance extended the amount of damages for delay of KRW 386,213,786 out of the claim of the counterclaim from March 28, 2010 to the date on which the duplicate of the counterclaim of this case was served, and the remainder of the counterclaim of this case was accepted from the plaintiff's principal claim and some of the counterclaim of this case (42 million won). The defendant dismissed all of the remainder of the principal claim of this lawsuit and the remainder of the counterclaim of this case. The defendant filed an appeal against part of the lost part, and extended the damages for delay of KRW 386,213,

나. 전제된 사실관계 【증거】을1, 2, 3, 4, 을5의 1, 2, 을6, 7, 8, 9와 변론 전체의 취지 ⑴ 원고와 피고 사이의 보험계약 ㈎ 원고는 피고와 2007. 1. 29. 별지1 제1의 보험계약(이하, ‘컨버전스보험계약’이라 한다)을, 2009. 2. 12. 별지1 제2의 보험계약 이하 '100세보험계약'이라 한다

)을 체결하고, 약정한 보험료를 납부하였다. ㈏ 원고와 피고의 보험계약에서 담보하는 보험사고에는 상해사망후유장해, 상해후유장해, 상해50%이상후유장해(장해분류표에서 정한 지급률이 50% 이상에 해당하는 후유장해가 남았을 경우 보험가입금액을 10년 동안 매년 확정하여 지급한다,

More than a consortium insurance contract, injury, death, or disability in the aftermath, and injury and medical expenses (not less than 100 years of age) are included.

㈐ 원고와 피고 사이의...