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(영문) 대전지방법원 2015.04.29 2014가합102306
보험금
Text

1. Attached Form 2 shall be recorded between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) regarding the insured incident described in attached Form 1.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

From January 30, 2004 to February 26, 2010, the Plaintiff concluded an insurance contract with the Defendant as shown in the separate sheet (hereinafter “each of the instant insurance contracts”) with the insured as the Defendant.

On December 16, 2013, the Defendant asserted that “Around 2011, the Plaintiff was an insured incident that, at one’s house, she had been subject to the instant insurance contract that, around 201, she would have suffered an obstacle to the ex post facto disability of the conical signboard escape certificate between the 5th and 1,01.” The Defendant claimed insurance proceeds under each of the instant insurance contracts.

Each of the terms and conditions of each of the instant insurance contracts provide that “The insured shall be compensated for losses incurred by injury, if he/she suffered bodily injury due to a sudden and remote accident during the insurance period, and received medical treatment as a result of his/her own injury or suffered from a disability.”

[Ground of recognition] A without dispute, Gap evidence Nos. 1, 2, 9, and 10 (including the number of each proof), the argument as to the claim for the main claim of the entire purport of the pleadings, and there is no evidence to deem that the insured event as alleged by the defendant was caused by the plaintiff around 2011. Even if such insured event occurred, even if the defendant's abstract escape certificate was caused, the defendant's abstract escape certificate is a sloping disease caused by the sloping certificate already owned, and there is no causation with the insurance accident. Thus, the plaintiff is not obligated to pay insurance money to the defendant under each insurance contract of this case.

(B) On February 22, 2011, the Defendant asserts that the Defendant suffered from a post-explosive disability as a result of the accident that fell from a rail of about 1.3 meters high from his own house and caused vain to vain. According to the written evidence No. 1, according to the Defendant’s statement No. 1, on April 16, 201, the Daejeon’s “B Hospital” located in Daejeon Pung-gu, Daejeon’s Daejeon’s “B Hospital” to the effect that the Defendant was suffering from a post-explosive escape.

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