beta
(영문) 의정부지방법원 2017.12.15 2016가합53043

채무부존재확인

Text

1. The plaintiff's insurance contract based on each insurance contract as shown in the attached Form 1 with respect to the insurance accident mentioned in the attached Table 2.

Reasons

1. Basic facts

A. On February 26, 2010, the Plaintiff and B concluded the same insurance contract as indicated in attached Table 1 List 1(1) (hereinafter “Class 1 insurance contract”) and the same insurance contract as indicated in attached Table 1 List 1(2) (hereinafter “Class 2 insurance contract”) on December 29, 2011.

B. Of the terms and conditions of the first insurance contract, the contents relating to this case are as follows, and the same purport is also the same as the terms and conditions of the second insurance contract.

Article 18 (Insurance Money for Old Disability): If the insured (Subject to Insurance) suffers from injury due to an accident as provided for in Article 15 (Compensation for Loss) and the injury is cured, and the company has, as a direct result, lost part of the body within two years from the date of the accident, or has permanently lost its function (hereinafter referred to as "ex post facto disability") or there is a disability the payment rate of which prescribed in the disability classification table of which exceeds 80%, the insurance amount stated in the insurance policy (certificate of insurance) shall be paid to the beneficiary as the insurance money for old disability.

(2) Ordinary disability insurance proceeds: A company shall pay the beneficiary general disability insurance proceeds, an amount calculated by multiplying the rate of payment prescribed in the disability classification table by the insurance coverage amount stated in the insurance policy (insurance policy) if the insured (beneficiary) suffers from an injury as provided for in Article 15, and the injury has been cured, and the physical part has been lost within two years from the date of the accident, or the function has been permanently lost (hereinafter referred to as "after disability") as a direct result, and the payment rate prescribed in the disability classification table has been less than 80%.

(3) Notwithstanding paragraphs (1) and (2), when the relevant disability that appears temporarily after the completion of treatment or its period is not less than five years, even though the symptoms have not been permanently fixed, paragraphs (1) and (2) shall be recognized as the remaining disability and paragraphs (1) and (2) shall be applied to the payment rate of the relevant disability by calculating 20% of the payment rate