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(영문) 서울고등법원 2018.07.26 2017나2077054
보험금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are as follows. The reasons for the acceptance of the judgment are as follows, and the judgment on the Plaintiff’s assertion emphasized or newly made in the trial are as follows, except for adding the judgment on the assertion, as stipulated in paragraph (2). Thus, it is consistent with the main sentence of Article 420 of the Civil Procedure

2. The insured “Plaintiff of 9 degrees” is regarded as “Plaintiff of 2.9 degrees” and “Plaintiff’s spouse G.

Article 13 (Compensation for Damages) (1) When the insured suffers bodily injury due to a sudden and incidental accident during the insurance period, the defendant shall compensate for the damage resulting from such injury in accordance with the General Terms and Conditions.

Article 16 (Insurance Money for Old Disability): (1) In case the insured was injured by an accident as prescribed in Article 13 (Compensation for Damages), and the defendant directly loses part of his body within one year from the date of the accident, or has lost its function permanently (hereinafter referred to as "ex post facto disability") as a result, and the payment rate of the post facto disability payment table as prescribed in the subparagraphs of attached Table 1 to 1 shall be equal to or greater than 80% of the payment rate of the post facto disability payment table as prescribed in each subparagraph of attached Table 1, the insured amount (the insurance contract of this case shall be 30,00,000 won) shall be paid to the beneficiary as the prepost disability insurance money.

(2) General aftermath disability insurance money: In case the insured suffered injury due to an accident as prescribed in Article 13 (Compensation for Damages) and directly results therefrom, and the latter disability (hereinafter referred to as "general aftermath disability") whose rate of payment in the table of the rate of payment of the latter disability as prescribed in subparagraphs of attached Table 1 remains less than 80% within one year from the date of the accident, the defendant will pay it to the beneficiary as the insurance money for the latter disability by multiplying the insurance amount of the latter disability by the rate of payment as prescribed in subparagraphs of attached Table 1.

(3) The rate of the payment of disability benefits for the follow-up disability referred to in paragraphs (1) and (2) shall not become final and conclusive after 180 days from the date of the accident.

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