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(영문) 의정부지방법원 2016.09.02 2015가합2741
보험금
Text

1. An insured incident described in the attached Table 1 against the Defendant (Counterclaim Defendant) by the Plaintiff (Counterclaim Defendant) is listed in the attached Table 2.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. On January 16, 2009, B entered into an insurance contract with the Plaintiff, who is an insurance business entity, as the Defendant, the insured as the spouse B (hereinafter “instant insurance contract”). The major guarantee details of the instant insurance contract are as follows.

If the payment rate of at least 50% of the general injury compensation fund I (50%) 21 million won or more due to an injury accident with at least 50% of the payment rate specified in the disability classification table, if there is a disability with at least 80% of the payment rate prescribed in the disability classification table, the amount of insurance coverage for the relevant general injury compensation fund, and if there is a disability with at least 80% of the payment rate prescribed in the disability classification table due to an injury with at least 179 million won, the relevant amount of insurance coverage shall be calculated as "admission amount x payment rate" and the relevant amount shall be paid if there is a disability with less than 80% of the payment rate prescribed in the disability classification table as an injury with the general injury (3-79%) 10,000 won.

B. The main contents of the instant insurance contract are as follows.

Article 2 (Compensation for Damages) Section 2 of the General Terms and Conditions of the instant insurance contract (hereinafter referred to as "the General Terms and Conditions of the instant case") (1) If the insured (subject to insurance) suffers bodily injury (excluding bodily assistance equipment, such as acceptance, will, bill, and rule; hereinafter the same shall apply) due to a sudden and incidental accident during the insurance period (hereinafter referred to as "accident"), the company shall compensate for the damage resulting from the injury (hereinafter referred to as "damage") in accordance with the terms and conditions.

(2) The injury referred to in paragraph (1) shall include addiction symptoms generated when inhales, absorptions or takes toxic gases or toxic substances in a timely manner.

However, it does not include symptoms of addiction arising from the food poisoning and habitually inhaled, absorption, or intake.

Article 3 (Damage Not Paid to Company) (1)

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