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(영문) 인천지방법원 2017.12.01 2015가단219039
채무부존재확인
Text

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

2. The Plaintiff (Counterclaim Defendant) is KRW 50,000,000,000 against the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On December 3, 2013, the Defendant entered into an insurance contract (hereinafter “instant insurance contract”) with the Plaintiff, with the amount of KRW 500,000,000,000, and the insurance period from December 3, 2013 to December 3, 2069, with the insured and the beneficiary as the Defendant (the beneficiary of the death insurance is a statutory heir).

B. Major provisions of the instant insurance contract are as follows.

(1) Article 17 of the Insurance Terms and Conditions (Types and Grounds for Payment of Insurance Money) The Company shall pay to the insured the insurance money agreed upon when any of the following events occurs to the insured:

(2) If the rate of disability payment prescribed in attached Table 1 (Disability Classification Table) is less than 80% during the insurance period, an amount calculated by multiplying the insurance coverage amount by the rate of payment prescribed in attached Table 1 (Disability Classification Table) shall be paid to the beneficiary as the insurance benefit for general disability.

[Attachment 1] Disturbance of spine (vertebral) of Article 6

(a) The identification card of the escape from a hidden signboard with severe payment rate of the classification of disability and the identification card of which is 20, and the identification card of the escape from a hidden signboard (tentatively named disc) of which is 15;

(b) Where he/she performs at least 2 matho or a single conical signboard is found to have significant mathy or urine disorders caused by the escape certificate of a serious conical signboard (pact disc) escape certificate, or where he/she performs at least 2matho, on at least two occasions, and performs a surgery at least two times, and performs a mathal he/shelary he/shelopic mathy, and he/she is found to have obvious mathy or melopic disorder by performing a mathy of the mathic mathy, and there is any apparent mathy in the special assistance test, and there is any error in the vertegro

C. The Defendant, at around February 8, 2014, was sleeped in a mountain, and sleeps over the rear, on the ground floor.

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