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(영문) 서울고등법원 2018.10.17 2017나2055436
채무부존재확인
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On June 19, 2012, the Plaintiff, a father of the Defendant (D) and the insured, the Defendant, the amount of insurance coverage, KRW 300,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000.

B. On July 14, 2015, the Defendant was faced with an accident resulting from drinking water at a house (hereinafter “the instant insurance accident”), which was caused by a serious stop, thereby resulting in damage to gymnasium, low oxygen brain, etc.

As a result, the defendant suffered from a disability, such as a Chewing or Chewing disability or mental behavior disorder, etc.

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

B around February 3, 2016, around February 3, 2016, the Plaintiff claimed insurance payment under the insurance contract of this case.

[Ordinary Terms and Conditions] Article 16 (Types and Grounds for Payment of Insurance Money) (1) Where the insured (persons subject to insurance) becomes disabled as a result of the direct performance of injury during the insurance period, and the disability payment rate provided for in the Disability Classification Table (See the Disability Classification Table 1), the following amounts shall be paid as insurance money to the beneficiary (persons who receive 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, if the subsequent disability is aggravated on the same part of the insurance money for the previous disability, it shall be already paid from the insurance money for the subsequent disability corresponding to the condition of the final disability.

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