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(영문) 대전고등법원(청주) 2015.04.07 2014나1080
공제금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

The defendant.

Reasons

1. Basic facts

A. KRW 1, including the conclusion of each of the instant mutual aid agreements, etc.; on July 20, 2005, the Defendant concluded a mutual aid agreement for a new injury (hereinafter “mutual aid agreement for a new injury”) stipulated as “the recipient of the mutual aid agreement for a hospitalization disability” from July 20, 2005 to July 19, 2015, and the recipient of the mutual aid agreement for a new injury (hereinafter “new injury mutual aid agreement for a new injury”).

2) Article 13 of the terms and conditions of the instant new injury mutual aid agreement and attached Table 1 of the Mutual Aid Agreement provide that if the beneficiary becomes disabled of class 1 due to a disaster during the mutual aid period, 1.5 million won per month shall be determined and paid to the beneficiary of the mutual aid money for 20 years or at the estimated interest rate of 5.5% per annum. 2) The Defendant entered into a mutual aid agreement on May 16, 2008 as follows: “The beneficiary B, from May 16, 2008 to May 15, 2029; and the beneficiary of the mutual aid money at the time of the disability of hospitalization, the beneficiary of the mutual aid money shall be entitled to the mutual aid agreement as the Plaintiff.”

(2) Article 13 and attached Table 1 of the Terms and Conditions of the Mutual Aid Contract for Family Love and Article 13 of the Mutual Aid Contract for Family Support (hereinafter “instant Mutual Aid Contract”). If the beneficiary becomes a disability with at least 80% of the total disability payment rate due to the same cause other than a disaster or disaster during the period of mutual Aid, the beneficiary shall be paid one million and 120,000 won per month as family income compensation for family income, or the amount discounted by 4.25% per annum as one lump.

B. B, on July 15, 2008, due to symptoms of no force on a bridge, B was diagnosed to be suspected of cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral Ba. 2) B, on August 1, 2008, and at the time the medical record was “B”.

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