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(영문) 광주지방법원 목포지원 2018.09.14 2017가단7383
채무부존재확인
Text

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

2. The plaintiff (Counterclaim defendant) is the defendant (Counterclaim plaintiff) about 114,968.

Reasons

The principal lawsuit and counterclaim shall also be deemed to have been filed.

1. The following facts do not conflict between the parties:

The Plaintiff and the Defendant concluded each insurance contract listed in the separate sheet No. 2 (hereinafter “each of the instant insurance contracts”) which includes the security for injury after the injury.

(1) The insured has intentionally impaired himself/herself: Provided, That he/she shall be paid insurance proceeds when the insured has impaired himself/herself under the condition that it is unable to make a free decision due to mental disorder,

(2) If the beneficiary intentionally damages the insured: Provided, That if the beneficiary is a part of the insurance proceeds, the insurance proceeds for the other beneficiary shall be paid.

(3) When the contractor intentionally damages the insured, (4) the insured's pregnancy, childbirth (including king), and childbirth. However, insurance money shall be paid in the case of any cause for the payment of insurance money guaranteed by the company.

⑤ The terms and conditions of each of the insurance contracts of this case, including wars, foreign armed forces, revolutions, insurrections, and riots, stipulate that “injury”, which is the cause for paying insurance proceeds, refers to bodily injury inflicted upon a person due to a sudden and unexpected accident that occurred during the insurance period, and stipulate the insurer’s exemption from liability as follows:

On February 9, 2017, at around 22:00, the Defendant: (a) brought the victim’s head with the body part of the common knife in the stage where C was in the stage, on the ground that C was pushed the victim’s head, and (b) C was in the front part of the common knife in the stage where C was in the stage, and (c) when C was in the front part of the Defendant’s left eye.

The defendant lost trial ability in the face due to the above assault committed by D (hereinafter referred to as the "accident of this case"), which constitutes "when one eye comes to a far range" under each insurance contract of this case, and thus, the payment rate of the remaining disability is 50%, and the total sum of the insurance proceeds of the remaining disability calculated accordingly is 114,968,769 won (attached Form 2-1); and

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