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(영문) 서울서부지방법원 2017.06.15 2015나32206
보험금
Text

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

Of the principal lawsuit of this case, the Plaintiff (Counterclaim Defendant)’s primary claim.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff entered into an insurance contract and the terms and conditions 1) The contractor A (former B) and the insured as Defendant A and C (former D, Defendant A’s children), and as shown in attached Form 3, the Plaintiff entered into an insurance contract and the insured as Defendant A and C (former D, Defendant A’s children), and as shown in attached Table 3, the non-dividend dividends 3 (S0904) (insured A and the insured; hereinafter “instant 1 insurance”).

(2) On August 1, 2007, around August 1, 2007, the non-dividend Tuper Insurance II (S0704) (the insured C; hereinafter “instant 2 insurance”).

(1) On January 1, 2010, the Health Partners of the New Age Health Insurance (0910.1) (insured C; hereinafter referred to as the “Third Insurance”).

(2) According to the above insurance contract, the insurance contract of this case guarantees the payment of injury daily (30,000 won per day of hospitalization), daily allowances for hospitalization (200,000 won per day of hospitalization), injury or long-term hospitalization expenses (31,000,000 won per day of hospitalization), injury or disease loss and medical expenses (5,000,000 won per day of hospitalization) under special terms and conditions. The insurance contract of this case guarantees the payment of injury daily (1,00,000 won per day of hospitalization and 20,000 won per day) as special terms and conditions. The insurance contract of this case guarantees the payment of injury daily amount per day of hospitalization (30,000 won per day of hospitalization for within 180 days from the date of accident), injury or disease per day of hospitalization (1,00,000 won per day of hospitalization), medical expenses for hospitalization or disease [50,000,000 won per day of hospitalization or medical expenses per day of hospitalization).

3) Meanwhile, the major general terms and conditions and special terms and conditions of the instant insurance Nos. 1, 2, and 3 (hereinafter “instant terms and conditions”).

(B) The content of the lower judgment is as indicated in Attachment 4. (B) The Defendant A claims insurance money, including medical expenses incurred by the Defendants’ injury. (1) The Defendant A is under the clinical presumption diagnosis name, such as “Influorum base base, 3-4-5-6-7, hydronuclear escape evidence, climatic base, 4-5, and hydronuclear escape evidence” from December 17, 2012 to February 4, 2013.

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