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(영문) 인천지방법원 2016.07.15 2015가합2924

채무부존재확인

Text

1. With respect to the accident described in attached Form 1, the plaintiff (a counterclaim defendant) based on the insurance contract mentioned in attached Form 2.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On September 5, 2006, the Defendant concluded an insurance contract (hereinafter “instant insurance contract”) with the Plaintiff, which is an insurance company, as the Defendant himself, with the insured and the beneficiary as the Defendant, with the subscription amount of the disability insurance amount of KRW 40,000,000, and the subscription amount of the injury income compensation amount of KRW 30,000,000, respectively, and entered into an insurance contract (hereinafter “instant insurance contract”).

B. The terms applicable to the instant insurance contract are as follows.

Article 14 (Compensation for Loss) ① A company shall compensate for the loss resulting from the injury under Chapter 1 (Common Matters in General Terms and Conditions) and Chapter 2 (General Terms and Conditions Concerning Body) when the insured has suffered bodily injury (excluding physical assistance equipment such as water, etc.) due to a sudden and remote accident that has occurred during the insurance period.

§ 15 (Non-Compensation for Loss) The Company shall not pay compensation for any loss arising from the following causes:

5. Insurance money for an insured worker's illness (hereinafter referred to as "insurance money for an insured worker's disability") (2) In case the insured worker suffered bodily injury due to an accident as provided for in Article 14 (Compensation for Damages) and recovered the injury, and thereafter, as a direct result, the company has left as a result, the amount calculated by multiplying the insurance coverage amount listed in the insurance policy (insurance policy) by the payment rate as set forth in the disability classification table by the amount of payment rate set forth in the disability classification table shall be paid to the beneficiary as the ordinary disability insurance money.

Article 18 (Effect of Other Physical Injury or Disease) (1) Where an insured person has suffered a bodily injury as prescribed in Article 14 (Damage to Compensation), a new injury or disease shall be caused after such injury or disease has already occurred due to the impact of the existing physical injury or disease, or as prescribed in Article 14 (Damage to Compensation).