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(영문) 청주지방법원 2020.06.04 2018가단6624
채무부존재확인
Text

1. The Defendant’s insurance contract is based on the attached Form No. 2 with respect to which he/she was diagnosed as a class 2 of hearing impairment on February 7, 2018.

Reasons

1. Basic facts [Terms and Conditions for the Special Disability with 80% or more of disease] (hereinafter “Special Terms and Conditions of this case”)

1. (Grounds for Payment of Insurance Money) The Company shall pay the purchase price of insurance under this Special Terms only once when the insured under this Insurance Policy becomes a disability whose rate of disability payment specified in the Table of Disability Classification / [Attachment I] of the Health Classification for a disease diagnosed and determined during the insurance period of this Special Terms and Conditions (see Disability Classification 1) exceeds 80%.

2. 45% when he has completely lost his hearing ability per 80% when he has fully lost his hearing ability of two ears, and 45% when he has left another ear with his hearing ability; and

(a) Classification of disabilities;

B. 2) Disability Assessment Standard refers to a case in which the average net value is at least 90 dB as a result of a net oppy test. 3) The term “when a serious disability remains” refers to a case in which the average net value is at least 80 dB as a result of a net oppy test, and a case in which a large sound is not discovered without earing and speaking.

On June 27, 2014, the Defendant concluded an insurance contract in the attached Form (hereinafter “instant insurance contract”) with the Plaintiff.

The main contents of the special terms and conditions of the instant insurance contract are as follows.

B. As a result of a comprehensive review of the results of the net Cheongpy Test and the response test against Cheongsung MadB implemented on February 7, 2018, the Defendant was judged as Grade 2 of the Hearing disability as it was verified in a state with at least 90dB loss on both sides, respectively.

(hereinafter referred to as “instant accident”). C.

On March 19, 2018, the Defendant claimed on the Plaintiff to pay KRW 100 million of insurance proceeds according to the special agreement for securing the right to the subsequent disability over 80% on the ground that “the two ear was completely lost.”

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3 and 5, and the purport of the whole pleadings

2. The parties’ arguments and judgments.

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