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(영문) 서울중앙지방법원 2017.06.23 2016가단5298330

보험금

Text

1. The Defendant shall pay to the Plaintiff KRW 78,00,000 and the interest rate of KRW 15% per annum from January 7, 2017 to the day of complete payment.

Reasons

1. Basic facts

A. On October 9, 200, the Plaintiff and the Defendant entered into a mutual aid agreement on the part of the Plaintiff, the amount of the mutual aid amount of KRW 30,000,000, with the content that the beneficiary would compensate for the damage to his body due to a traffic accident during the mutual aid period (hereinafter “instant mutual aid agreement”).

B. On January 31, 2016, the Plaintiff driven a car on January 31, 2016, and 08:5, caused various injuries on the right upper part, such as the upper part of the upper part, the upper part, the upper part, the upper part, the upper part, the upper part, the upper part, the upper part, the upper part, the upper part, the upper part, the upper part, the upper part, the upper part, the upper part, the upper part, the upper part, the upper part, etc.

C. In accordance with the terms and conditions of the instant mutual aid agreement (hereinafter referred to as the “instant terms and conditions”), the Plaintiff was determined to fall under the right completion section (5% of the payment rate), the left-hand senior (5% of the payment rate), the left-hand slot (5% of the payment rate), the right slot (20% of the payment rate), the right-hand side (20% of the payment rate), the right-hand side (20% of the payment rate), and the conical signboard escape certificate (10% of the payment rate). On August 26, 2016, the Defendant paid to the Plaintiff the amount of KRW 19,50,000 [30,00,000 as mutual aid money + (5% of the subscription amount x 5% 5% x 20% 20%).

Among the terms and conditions of the instant case, the following are applicable to the mutual aid fund for residual disability.

(hereinafter referred to as "the terms and conditions of this case"). (2) In the event the beneficiary suffered an injury due to a traffic accident as prescribed in Article 3, and the beneficiary has lost part of his body within 180 days from the date of the accident or has been permanently lost his/her function as a direct result, and the payment rate as prescribed in the subparagraphs of attached Table 1 is not more than 50%, the amount calculated by multiplying the deducted amount by the subscription rate as prescribed in each subparagraph of attached Table 1, and the case where the beneficiary becomes a state of a subsequent disability exceeding 50%, the amount calculated by multiplying the respective payment rates as prescribed in each subparagraph of attached Table 1 by five times the deducted amount.