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(영문) 서울중앙지방법원 2017.09.12 2015가단5355410
채무부존재확인
Text

1. With respect to accidents listed in the separate sheet 1, the plaintiff is the defendant based on each insurance contract listed in the separate sheet 2 and 3.

Reasons

1. Basic facts

A. On November 29, 201, the Plaintiff and the Defendant concluded two insurance contracts (hereinafter “each of the instant insurance contracts”) as shown in the attached Tables 2 and 3 as of November 29, 201.

B. Of the terms and conditions of each of the instant insurance contracts, the contents pertaining to the instant case are as follows.

Article 1 (Types and Grounds for Payment of Insurance Money) The Company shall pay the insured (beneficiary) the insurance money agreed upon to the beneficiary (beneficiary) when any of the following events occurs:

1. Multilevel disability insurance proceeds: If the payment rate specified in the Disability Classification Table (See attached Table 1; hereinafter the same shall apply) is at least 80% due to injury during the insurance period of this Special Terms and Conditions, the insurance amount of this Special Terms and Conditions shall be paid;

2. General disability insurance proceeds: Article 2 (Detailed Provisions concerning Payment of Insurance Money) (1) Where, notwithstanding Article 1 (Types and Grounds for Payment of Insurance Money), the rate of payment prescribed in the Disability Classification Table is not permanently fixed but the period of temporary disability appearing after the completion of treatment is not less than five years, Article 1 (Types and Grounds for Payment of Insurance Money) shall be applied to the amount calculated by multiplying the insurable value amount of the disability classification table by the rate of payment prescribed in the Disability Classification Table, if the rate of payment prescribed in the Disability Classification Table becomes a state of disability less than 80% due to the injury during the insurance period of this Special Terms and Conditions.

General Provisions of the Disability Classification Table 1

1. 1) "Disability" means a state of damage to a permanent mental or physical body remaining after recovery of an injury or disease, except that the state of the disease or injury, complication, and symptoms temporarily appearing in the course of being treated as a result of the disease or injury, shall not be included in the disability. 2) "permanent" is, in principle, in a state in which there is no possibility of recovery in the future.

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