채무부존재확인
1.The judgment of the first instance shall be modified as follows:
Attached Form
Attached Table 2 in relation to the accidents described in the Schedule 1.
1. The reasoning for the court’s explanation on this part is as follows: “The entry and entry in the list No. 1” in Form 9 of the judgment No. 2 of the court of first instance shall be deemed as “the entry in the list No. 2 of the attached Table No. 9”; and “traffic accident and entry in the list No. 2 of the attached Table No. 21 of the same face shall be deemed as “accident and entry in the list No. 2 of the attached Table No. 1,” and the corresponding part of the judgment of the court of
2. Plaintiff’s assertion and judgment
A. The plaintiff is obligated to pay the insurance proceeds for subsequent disability under the insurance contract of this case only in cases where the insured suffered injury due to an accident and falls under the "permanent disability," which is a condition of mental or physical damage that has no possibility of recovery in the future. The defendant suffered bodily injury, such as a protruding escape certificate, etc. due to the accident of this case, but this constitutes only the "Korea Market," which is only two years in the period of loss of function, and does not constitute the "permanent disability." Thus, the plaintiff is not liable to pay the insurance proceeds to the defendant based on the insurance contract of this case.
Even if the instant injury suffered by the Defendant constitutes a subsequent disability as stipulated in the instant insurance contract, and the Plaintiff is liable for the payment of the insurance proceeds under the instant insurance contract, the insurance proceeds should be calculated in consideration of the degree of contribution to the king.
B. 1) As seen earlier, Articles 14, 16, and 17 of the General Terms and Conditions of the instant insurance contract (Article 1, 3, and 4 of the General Terms and Conditions) stipulate that the amount calculated by multiplying the insurance coverage amount by the payment rate set forth in the attached Table 2 shall be paid to the insured as the subsequent disability insurance amount in the event a physical injury was inflicted on a person due to a sudden and remote external accident, and as a result, the physical part was lost within one year from the date of the accident, or a subsequent disability was inflicted on which the function was permanently lost. This is based on the statement of evidence No. 5-1, No. 2, and No. 6 of the General Terms and Conditions.