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(영문) 서울중앙지방법원 2017.07.19 2015가단5344809
채무부존재확인
Text

1. The plaintiff is based on the insurance contract stated in the attached Table No. 1 with respect to the accident described in paragraph 2 of the attached Table.

Reasons

1. Basic facts

A. On May 23, 2014, the Plaintiff entered into an insurance contract with the Defendant as described in attached Table 1 (hereinafter “each of the instant insurance contracts”).

B. The terms and conditions of the instant insurance contract are as follows.

Article 1 (Grounds for Payment of Insurance Money) When any of the following events occurs during the insurance period of this General Injury, Death, and Disability Security Clause (hereinafter referred to as the "Special Terms and Conditions"), our company (hereinafter referred to as the "company") shall pay the insurance money agreed upon to the insured as follows:

(1) If a person dies as a direct result of an injury during the insurance period (excluding death caused by a disease), the full amount of the insurance coverage amount of this Special Terms and Conditions shall be paid as the death insurance amount.

(2) If the rate of disability payment prescribed in attached Table 2 (Disability Classification Table) is at least 80% due to an injury during the insurance period, the total amount of the purchase of insurance policies for this Special Terms and Conditions shall be paid as the insurance proceeds for advanced disability.

(3) If the payment rate of each disability prescribed in attached Table 2 (Disability Classification Table) is less than 80% during the insurance period, the amount calculated by multiplying the payment rate prescribed in attached Table 2 (Disability Classification Table) by the insurance amount of the special terms and conditions shall be paid as the insurance amount of general disability.

Article 2 (Detailed Provisions concerning Payment of Insurance Money) (2) If the rate of disability payment under subparagraphs 2 and 3 of Article 1 (Grounds for Payment of Insurance Money) is not determined within 180 days from the date of occurrence of injury, the rate of disability payment shall be determined based on the diagnosis of intention on the date 180 days from the date of occurrence of injury.

However, if the time for disability judgment is separately determined in attached Table 2 (Disability Classification Table), it shall be done at the risk of the disability judgment.

Attached Table 2 Disability Classification Table

I. IN GENERAL.

1. Definition 1 of the Disability means an injury or injury.

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