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(영문) 서울남부지방법원 2016.07.05 2015가단58581

보험금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On February 20, 1998, the Plaintiff concluded a Vietnam accident insurance contract with the Defendant (hereinafter “instant insurance contract”).

(Insurance Period: from February 20, 1998 to February 20, 2013, the insured and beneficiary: the Plaintiff). B.

According to the insurance contract of this case, in the event that the plaintiff becomes disabled in class 3 in the disability grade classification table due to a disaster that occurred during the cover period, the defendant is obliged to pay the plaintiff a normal-day disability benefit (payment of KRW 20 million and KRW 200,000 on the day at which the cause for payment occurred every 36 months).

C. According to the insurance contract of this case, disaster refers to any contingent external accident (Provided, That where a person with a disease or physical disorder suffers from a minor external factor or has aggravated symptoms, the minor external factor shall not be considered as a contingent external accident) and the third class in the disability grade classification table includes "when he has left with the obvious febrate or highly serious playgrounds permanently."

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, the purport of the whole pleadings

2. Determination

A. The Plaintiff’s assertion 1) The Plaintiff’s assertion is an accident that gets hot as of July 30, 2008 and goes beyond the limit (hereinafter “instant accident”).

2) As a result, the pressure table No. 11 (hereinafter referred to as the “instant frame”) was set aside, and thereby, the same was set aside.

(2) Then, the Plaintiff suffered a residual disability that falls under the time when he/she was found to have been in vertebrately in verte, with the aggravation of symptoms, after having been diagnosed. < Amended by Presidential Decree No. 25079, Jul. 30, 2014>

3. Therefore, the defendant is liable to pay to the plaintiff the insurance money of KRW 27.2 million and damages for delay on the basis of the insurance contract of this case.

B. According to the reasoning of the evidence No. 7, the Plaintiff suffered an obstacle corresponding to the time when the Plaintiff left inverte with a significant climate or severe playgrounds permanently around July 30, 2014.