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(영문) 서울남부지방법원 2015.12.18 2014가합111949
채무부존재확인
Text

1. As to the Plaintiff (Counterclaim Defendant)’s KRW 100,000,000 against the Defendant (Counterclaim Plaintiff) and its related thereto, the Plaintiff (Counterclaim Defendant) from October 2, 2014 to November 16, 2015.

Reasons

1. Basic facts [The Special Terms and Conditions on the Disability with a disease of at least 80%] Article 1(1) means the Plaintiff of the Company.

The same shall apply hereinafter. If the insured (beneficiary) becomes a disability equivalent to not less than 80% of the disability classification table (referring to attached Table 1; hereinafter the same shall apply) set out in the insurance policy during the insurance period of this Special Terms and Conditions (hereinafter referred to as "insurance period") and becomes a beneficiary (beneficiary) with an insurance benefit with a disease of not less than 80% specified in the insurance policy (certificate of insurance) for the first time, the insurance amount of this Special Terms and Conditions shall be paid only once to the beneficiary (beneficiary) for an insurance benefit with a disability of not less than 80%.

(7) If a residual disability occurs on at least two occasions due to another disease, the rate of payment of the corresponding disability shall be determined every time.

However, if the subsequent disability is aggravated on the same part of the insurance money for the subsequent disability which has already been paid, it shall be paid by subtracting the insurance money for the subsequent disability which has already been paid from the insurance money for the previous disability falling under the final condition of disability

However, if the criteria for determining each physical parts of the disability classification table are separately prescribed, it shall be at the risk of complying with such criteria.

(8) If a state of residual disability occurs on the same part of the body of an insured person who has already been a disability falling under any of the following cases, and as prescribed in paragraph (7) of the same Article on the same part of the body, the insurance proceeds for residual disability shall be deemed to have been paid for the state of the latter disability falling under any of the following cases, and shall be paid after deducting the insurance proceeds for the latter disability, which are deemed to have already been paid from the insurance proceeds for the final disability:

1. The following disability (the disability classification table 1) which had not been subject to the payment of the insurance proceeds for the remaining disability due to the causes prior to the commencement of the guarantee of this Special Terms and Conditions or the aftermath disability that occurred prior thereto, has entirely lost the hearing power of two ears (the disability classification table 1).

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