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(영문) 광주지방법원 2014.11.05 2014가단509359
부당이득금
Text

1. The defendant shall pay 5,00,000 won to the plaintiff and 20% per annum from November 12, 2013 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On June 30, 2004, the Plaintiff entered into an additional contract (hereinafter “instant insurance contract”) with the Defendant, including the prime contract for the Green Traffic Safety Mutual Aid and the special agreement for the amount of mutual aid premium under the following terms.

Insurance policyholder: The insured person insured by the defendant (the father of the defendant): the defendant at the time of maturity, the defendant at the time of disability in hospitalization, and the amount subscribed to the defendant at the time of death: the insurance period of 10,000,000: the insurance period of 10 years: 23,90 won per month;

B. The provisions relating to this case in the Love Traffic Safety Mutual Aid Clause applied at the time of the conclusion of the instant insurance contract and the special agreement for the amount of mutual aid premium are as follows:

(hereinafter “instant insurance terms and conditions”). 【The prime contract for the Green Traffic Safety Mutual Aid” Article 12(Types and Grounds for Payment of Mutual Aid Money) of the Terms and Conditions for the Plaintiff shall pay mutual aid money (see attached Table 1 “Mutual Aid Payment Schedule”) to the beneficiary when any of the following events occurs to the insured:

3. When the degree of disability of Grades 1 through 6 in the table for classification of disability is not determined within 180 days from the date of the accident due to the traffic accident, other than the traffic accident or traffic accident that occurred during the deductible period: The grade of disability shall be determined according to the diagnosis of the doctor on the date 180 days from the date of the accident in Article 13 (Detailed Regulations for Payment of Mutual Aid Money) (2) If the grade of disability of subparagraph 3 of Article 12 (Detailed Regulations for Payment of Mutual Aid Money) is not determined

However, if the state of disability becomes worse during the period of guarantee thereafter, the disability grade shall be determined on the basis of the aggravated state of disability.

(Attached Table 1) The amount paid subject to the separate benefit payment statement

3. Grade 1 to Grade 2 disability caused by the traffic accident of mutual-aid disability: Grade 2: Grade 3 to Grade 6 disability caused by the traffic accident of KRW 35 million, due to the traffic accident of KRW 35 million.

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