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(영문) 인천지방법원 2015.08.13 2014가합55648
채무부존재확인
Text

1. In relation to the accidents described in paragraph 1 of the attached list, the insurance contract described in paragraph 2 of the same list shall govern.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On September 27, 2007, the Plaintiff entered into an insurance contract with the Defendant’s mother B as indicated in the attached Table No. 2 (hereinafter “instant insurance contract”).

Article 16 of the General Terms and Conditions (Insurance Money for Climate Injury)

2. General disability insurance money: In case the insured was injured by an accident as prescribed in Article 13, and the injury was cured, and then the company has, as a direct result, lost part of the body within two years from the date of the accident, or has lost its function permanently (hereinafter referred to as "after having been lost"), the company shall pay to the beneficiary an amount calculated by multiplying the insurance coverage amount entered in the insurance policy (insurance Policy) by the payment rate as set forth in the Disability Classification Table by the insurance coverage amount entered in the disability Classification Table if the payment rate as set forth in the Disability Classification Table remains (hereinafter referred to as "general disability").

6. If two or more subsequent disabilities are caused by the same accident, it shall be paid after summing up the rate of payment of the subsequent 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.

7. Notwithstanding paragraph 6, if not less than two disabilities in the disability classification table have occurred on the same body part, the highest payment rate shall not be added up.

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.

[Attachment 1] Disability Classification Table / [General Provisions]

3.(1) Otherwise, in accordance with the observation method, one disability shall be subject to only two or more physical parts or the same physical parts under the disability classification table, and in case one disability is ordinarily derived from one other, only the higher payment rate shall apply, respectively. (ii) In case two or more different disabilities have occurred on the same physical parts, the higher payment rate shall not be added up and in principle, the higher payment rate shall be applied.

However, each.

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