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(영문) 인천지방법원부천지원 2017.09.06 2016가합101708
채무부존재확인
Text

1. The Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff)

(a) As regards KRW 520,000,000 and its KRW 20,000,000 among them,

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On June 19, 2012, the Plaintiff, who runs an insurance business, entered into an insurance contract with the Defendant (D)’s father, and the Defendant, the amount of the insurance contract, KRW 300 million, the amount of disability insurance, KRW 200,000,000,000, and KRW 200,000,000,000,000,000,000,000,000,000,000,000,000,000.

B. On July 14, 2015, the Defendant suffered from an accident resulting from drinking alcohol at a house (hereinafter “instant insurance accident”). A serious stop due to the occurrence of an accident, resulting in damage to gymnasium, low oxygen brain, etc., which led to the Defendant’s aftermath and injury to a new boundary or mental disorder, etc.

(hereinafter referred to as “aftermath disability of this case”)

On February 3, 2016, B claimed the payment of insurance money to the Plaintiff according to the insurance contract of this case.

Article 16 (Types and Grounds for Payment of Insurance Money) (1) Where the insured (person subject to insurance) is in a state of disability corresponding to the disability payment rate set forth in the Disability Classification Table (See the Disability Classification Table 1) as a direct result of injury during the insurance period, the company is bound to pay the following amount as insurance money to the beneficiary (person receiving the insurance money).

Article 17 (Detailed Provisions for Payment of Insurance Money) (7) Where the residual disability occurs on at least two occasions due to another injury, the payment rate prescribed in the Disability Classification Table shall be determined whenever it is determined.

However, the subsequent disability has already been increased on the same part of the insurance money for the subsequent disability.

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