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(영문) 서울중앙지방법원 2017.11.24 2017나46754
보험금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts (2) In cases where the beneficiary suffers from an injury due to a traffic accident prescribed in Article 3, and the beneficiary has lost part of his body within 180 days from the date of the accident or has been permanently lost his/her function, and the beneficiary of the mutual aid money is under the condition that he/she has become under the condition that the payment rate prescribed in the subparagraphs of attached Table 1 is not more than 50%, the amount obtained by multiplying the subscription rate prescribed in the subparagraphs of attached Table 1 by the amount to be deducted, and where the beneficiary becomes under the condition that he/she has under the condition that the payment rate prescribed in the subparagraphs of attached Table 1 is more than 50%, the beneficiary of the mutual aid money shall be paid as

(5) When two or more subsequent disabilities occur due to the same accident, paragraphs (1) through (4) shall apply to each of them and pay the total amount thereof.

However, the mutual aid amount of one of the following disability disabilities of the upper parts, 8 and 9 referred to in Table 1-7, 8 and 9 shall be limited to 60 per cent of the subscription amount.

On October 9, 200, the Plaintiff entered into a mutual aid agreement with the Defendant on the part of the Plaintiff, the amount of the mutual aid agreement, KRW 30,000,00,000, with the content that the Insured would compensate for the damage caused by a traffic accident during the mutual aid period in case the Insured suffered from the bodily injury during the mutual aid period (hereinafter “instant mutual aid agreement”).

The terms and conditions of the instant mutual aid agreement (hereinafter referred to as the “instant terms and conditions”) pertaining to mutual aid for disability benefits are as follows.

According to Article 24(2) of the Terms and Conditions of this case, the amount of the mutual aid bond issued by the Defendant to the Plaintiff at the time of the instant mutual aid agreement constitutes a mutual aid amount where the payment rate is between 3% and 50%.

However, according to Article 24(2) of the Terms and Conditions of this case, in the case of a traffic accident exceeding 50%, the occurrence of a pro rata disability amounting to KRW 76,500,000 or KRW 150,000.

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