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(영문) 광주지방법원 2016.01.20 2015나8557
채무부존재확인
Text

1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).

purport, purport, and.

Reasons

1. The principal lawsuit and counterclaim shall also be deemed to exist;

A. On June 23, 2006, B entered into a consortium integrated insurance contract (securities number G; hereinafter “instant insurance contract”) with the Plaintiff and the Defendant as the insured and the period from June 23, 2006 to June 23, 2005, which covers the injury and damage inflicted after the injury.

B. On October 21, 2009, the defendant loaded a dump truck and fell (hereinafter “instant fall accident”) during work, and was diagnosed with the pressure of the first Tump and the thump and the salphitis, and was hospitalized at C Hospital for 53 days from that time until December 12, 2009.

In addition, the Plaintiff claimed insurance money on the ground of the above injury and received KRW 2,465,530 on December 16, 2009.

C. On September 25, 2014, the Defendant: (a) was diagnosed as the aftermath disability resulting from the instant fall accident (hereinafter “instant disability”); (b) around that time, the Defendant claimed payment of KRW 18,00,000 for the remainder disability insurance proceeds under the instant insurance contract to the Plaintiff.

Article 17 of the Terms and Conditions of the instant insurance contract provides for the following:

Article 17 (Insurance Money for Old Disability) ① In case the insured was injured by an accident as prescribed in Article 14 (Compensation for Damages), and the company has directly lost part of the body within two years from the date of the accident or has lost its function permanently as a result of the cure of the injury, and there is a disability in which the rate of payment specified in the Disability Classification Table exceeds 80% because the insured has been lost within two years from the date of the accident, the company shall pay the purchase price stated in the insurance policy to the beneficiary of the old disability insurance.

(2) Ordinary disability insurance proceeds: A company shall suffer from an injury caused by an accident provided for in Article 14 and the injury is cured, and shall, as a direct result, lose part of the body within two years from the date of the accident, or permanently perform its function.

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