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(영문) 서울중앙지방법원 2018.02.09 2017나53370

보험금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On September 28, 2007, the Plaintiff and the Defendant entered into an insurance contract with the Plaintiff as the insured on September 28, 2007, with the coverage period from September 28, 2007 to September 16, 2050, and with the subscription amount of less than KRW 1 billion, and with the subscription amount of less than KRW 1 billion, and with the subscription amount of less than KRW 80% for injury, the non-dividendd type insurance (hereinafter “instant insurance”).

B. Under the terms and conditions of the instant insurance contract [Attachment I], with respect to the definition of disability and the bones thereof, the following are prescribed:

General Provisions of Chapter I of Disability Classification Table

1. “Disability” means a state of damage to a permanent mental or physical body remaining after recovering an injury or disease: Provided, That symptoms temporarily appearing in the state of a disease or injury, complication, and in the course of receiving treatment therefor are not included in disability; ii) “permanent” means, in principle, a state in which there is no possibility of recovery in the future, and which is medically recognized as a state of mental or physical damage;

3) The term “after recovery” means a state in which the effects of treatment of an injury or disease cannot be expected, and the symptoms are fixed. 4) However, with respect to a temporary disability that is not permanently fixed, but after the completion of treatment, if the period is not less than five years, 20% of the disability payment rate in question shall be determined as the market sea payment rate.

Chapter II Guidelines for Determination by Disability Classification

6. Obstruction of spine;

(a) The identification rate (%) of the classification and payment rate of disability 8) and the identification rate of the escape from signboards (the stenographic disc) of which is less than 159 (the stenographic disc) 10;

B. 10) A number of conical signboards escape certificates (in the case where 10) obvious confiscing signboards are surgeryed to 1mad, thereby clearly showing nephical symptoms, there are not less than 10 in a special auxiliary test, and 11) some confiscing signboards escape certificates (in the case where vertepathy is recognized as incomplete).