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(영문) 대법원 2014.07.24 2013다43956

채무부존재확인

Text

The judgment below is reversed and the case is remanded to Seoul High Court.

Reasons

The grounds of appeal are examined.

1. According to the reasoning of the judgment below and the records, B entered into an injury insurance contract between the insured on June 9, 200 with the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) (Counterclaim Defendant; hereinafter “Defendant”) and the insurance period from June 9, 200 to June 9, 2007 (hereinafter “instant insurance contract”). ② The general terms and conditions of the instant insurance contract (hereinafter “instant general terms and conditions”) of this case to the Insurance Corporation (hereinafter “the instant general terms and conditions”) provide for the insured’s injury rate from 180 days after the date of the occurrence of an accident prescribed in Article 3 to 180 days after the date of the occurrence of the injury (Article 3) and the insured’s injury rate becomes more than 10 days after the date of the occurrence of the accident (hereinafter “the rate becomes more than 20 days after the date of the occurrence of the injury”) and then the insured’s injury rate becomes more than 180 days after the date of the occurrence of the accident (Article 18(1)4).