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(영문) 서울동부지방법원 2017.10.25 2017나21123
보험금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On February 9, 200, B entered into a “children’s Love Mutual Aid Agreement” with the Defendant and the Insured as the Plaintiff, from February 9, 2000 to February 9, 2015, the period of mutual aid was KRW 10 million with the subscription amount as from February 9, 200 to February 9, 2015, with the Receiving Authority B.

(hereinafter “instant mutual aid contract”). (b)

The terms and conditions of the instant mutual aid agreement are as follows.

Article 10 (Grounds for Payment of Mutual Aid Money) (1) In any of the following cases, the low-income agricultural cooperative shall pay mutual aid money to the beneficiary in accordance with the Table of Criteria for Payment of Mutual Aid Money in attached Table 1:

4. Where the beneficiary is in a state of physical disability of Grades II through VI in the disability classification table during the mutual aid period due to the condition of disability or disaster of Grades I and is living on the corresponding date of each year: Disability pension shall be paid in accordance with attached Table 1, and where the beneficiary is in a state of physical disability of Grades II through VI in the disability classification table during the mutual aid period subject to the payment of the mutual aid money payment table, due to the disability or disaster of Grades I and VI and is living on the corresponding date of each year from the corresponding date of the accident, the following amount shall be paid every year for the first time after the corresponding date of the accident at which one year has passed from the corresponding date of the accident concerned, and the amount shall be 10% of the contract amount of 80% of the contract amount of Grades II through VI in the 80% contract amount of Grades II through VI in the 80% contract amount of Grades III and VI in the payment date

4. Disability pension; and

C. On December 23, 2014, the Plaintiff felled from the second floor of the pentathy in Chuncheon City on December 23, 2014, and was subject to the 12 chest-1st century-3th century for causing injuries, such as the pentathrosis, and the Plaintiff was under the 12nd century-1st century-3th century, and thereby, the Plaintiff was in the state of permanently leaving the playground in verte, which constitutes an obstacle to the 5th degree under the terms and conditions of the instant mutual aid agreement.

B On July 8, 2016, the Plaintiff transferred the entire claim for insurance money to the Plaintiff under the instant mutual aid agreement, and the authority to notify the Plaintiff.

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