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(영문) 의정부지방법원 2019.09.05 2017나210595
채무부존재확인
Text

1. The judgment of the court of first instance is modified as follows.

The Defendant-Counterclaim Plaintiff (Counterclaim Plaintiff) around 11:00 on January 10, 2015, Mapo-gu Seoul.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On June 8, 2012, the Plaintiff entered into an insurance contract with the Defendant listed in the separate sheet No. 1 (hereinafter “instant insurance contract”) and agreed on the amount of and grounds for the payment of the amount of the insurance benefit for injury after injury, as follows.

[ insurance policy] The details of the coverage of the subscription amount of security deposit amount of 60,000,000 won, which is 3% or more of the injury of the beneficiary, shall be paid as insurance money to the beneficiary (person receiving the insurance money) of the amount corresponding to the payment rate 】 the subscription amount of the disability security 50,000,000 won or more, which is 3% or more of the injury of the beneficiary of the corresponding amount of the payment rate 】 the corresponding amount of the payment rate 】 the corresponding amount of the insurance money 】 the amount of the payment rate 】 16 (Types and Grounds for Payment of Insurance Money) (1) If the insured (person receiving the insurance money) becomes a disability corresponding to each disability payment rate as a direct result of the injury during the insurance period (see attached Table 1).

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, when the latter disability is aggravated on the same part of the insurance money for the latter disability, it is rare by deducting the insurance money for the latter disability which has already been paid from the insurance money for the latter disability corresponding to the condition of the final 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) The occurrence of a residual disability referred to in paragraph (7) shall also occur to an insured worker who has already suffered a residual disability falling under any of the following subparagraphs on the same part of the body:

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