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(영문) 서울남부지방법원 2015.09.11 2015가단203473
보험금
Text

1. As to the accident described in the attached list No. 1, it is listed in the annexed list No. 2 against the plaintiff's defendant.

Reasons

1. Case summary

A. The Plaintiff entered into an insurance contract with the Defendant for non-dividend drivers (hereinafter “instant insurance contract”) such as the attached list Nos. 2 and the attached list No. 2.

B. Of the terms and conditions of the instant insurance contract (hereinafter “instant terms and conditions”), the main contents pertaining to the instant case are as follows.

Article 13 (Compensation for Damages) (1) A company (referring to the "Plaintiff"; hereinafter the same shall apply) shall compensate for any damage resulting from the injury (hereinafter referred to as "damage") if the insured has suffered bodily injury (excluding personal injury, bodily assistance equipment, such as clothes, artificial arms, bills, clothing, etc.) due to any accident (hereinafter referred to as "traffic accident") set forth below during the insurance period:

1. General disability insurance money under Article 16 (Insurance Money for Disability) (2) of the General Disability Insurance Money: In case the insured was injured by an accident as provided for in Article 13 (Compensation for Damage) while driving a motor vehicle, and the insured has lost part of his/her body within two years from the date of the accident as a result of his/her direct result (hereinafter referred to as “aftermath disability”) or his/her function has been permanently lost (hereinafter referred to as “general aftermath disability”), the payment rate as determined in the Disability Classification Table shall be less than 80% (hereinafter referred to as “general aftermath disability”) and the latter remains, the amount calculated by multiplying the insurance amount by the payment rate as determined in the Disability Classification Table shall be paid to the beneficiary as the insurance money for the general aftermath disability;

(5) The amount of subsequent disability not falling under the disability classification table shall be determined according to the classification of the disability classification table according to the degree of physical disability, regardless of the occupation, age, status, gender, etc. of an insured person.

Provided, That with respect to the remaining disability which does not reach the minimum rate of payment by disability classification in each disability classification table, insurance proceeds for the remaining disability shall not be paid.

(7) Notwithstanding paragraph (6), the same shall apply.

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