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(영문) 서울중앙지방법원 2015.10.27 2014가합558474

채무부존재확인

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Fact that there is no dispute over basic facts [based for recognition], purport of the whole pleadings, entry of evidence set forth in subparagraphs A1 through 5, and purport of the whole pleadings;

A. On October 21, 2013, the Plaintiff and the Defendant concluded an insurance contract in the same manner as the attached Form stating that the “general injury after injury” is the basic contract, and that “1 (type 30 years) of the Educational Fund for the Children of the Child of the Disability with a disease of at least 50%,” etc. is a special contract (hereinafter “instant insurance”).

B. Of the instant insurance contract’s disease of at least 50% and the instant special terms and conditions of the Educational Fund for Children with Disabilities (hereinafter “instant special terms and conditions”) and the disability classification table in attached Table 1, the contents relating to this case are as follows.

When the insured is in a state of disability with at least 50% of the disability payment rate prescribed in the disability classification table during the insurance period of the instant special terms and conditions: At least 50% of the disease per accident shall be paid as the education fund for children with disabilities with at least 50% of the disease during the period of payment of educational fund to which the contractor has joined on the date of the accident every year.

(Article 1(1)(30): Criteria for determining by disability classification for a period of 30-year disability classification;

(a) If the classification of a disability 2 chest long-term disability leaves a obvious obstacle to the function of non-productive technology: 50 percent;

(b) Where he/she has left a part of a criteria for judging disabilities with 2 chest organs or parthe/shenogenesissis. (3) When he/she has lost both of them or both of them;

C. On March 18, 2014, the Defendant: (a) applied to B medical clinics located in Seongbuk-gu Seoul Metropolitan Government (hereinafter “instant hospital”) due to symptoms, such as urinology, wintering, and the end of the month; (b) was given a suspicion of fladism due to the outbreak of small finites in the womb and the increase in the thickness of the wall of the womb; and (c) received from the instant hospital finites and both dinites surgery (hereinafter “instant surgery”).