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(영문) 대구지방법원 2016.11.03 2016나301019
채무부존재확인
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On December 18, 2006, the Plaintiff entered into an insurance contract with the Defendant, with the Defendant’s mother’s mother, and with the beneficiary as the Defendant, a non-payment franchise insurance contract with the insured amounting to KRW 50 million when the insured dies due to an injury or is suspended from disability with at least 80% of the injury.

(hereinafter “instant insurance contract”). (b)

Of the terms and conditions of the instant insurance contract, the main contents pertaining to this case are as follows.

(hereinafter referred to as “instant terms and conditions”). Article 14 (Compensation for Damages) ① When the insured sustains bodily injury (excluding personal injury, personal injury, bill, bill, and bill; hereinafter the same shall apply) due to a sudden and incidental accident (hereinafter referred to as “accident”) during the insurance period, the company is bound to compensate for the damage resulting from the injury (hereinafter referred to as “damage”) in accordance with the terms and conditions.

Article 15 (Compensation for Non-Compensation) (1) The Company shall not compensate for any loss arising from any of the following causes:

5. The insured's disease Article 16 (Death Insurance Money) ① The company shall pay to the beneficiary the amount of insurance coverage stated in the insurance policy (insurance policy) if the insured suffered an injury as provided for in Article 14 (Compensation for Loss) and dies as a result of his/her own death within two years from the date of the accident.

Article 18 (Effect of Other Physical Injury or Disease) (1) Where the insured has suffered any bodily injury as prescribed in Article 14 (Compensation for Loss) (1), after having already existed physical injury or disease, or having suffered any injury as prescribed in Article 14 (Compensation for Loss), the company shall determine and pay the amount equivalent to the time when the death has not occurred, and then the company shall determine and pay the amount equivalent to the amount at which the injury has already occurred if the injury as prescribed in Article 14 (Compensation for Loss) is serious due to the influence of a new injury or disease resulting

(c).

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