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(영문) 서울동부지방법원 2015.03.25 2014가단45196
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On May 4, 2010, the Defendant subscribed to the Plaintiff’s insurance as indicated in the [Attachment].

B. On June 21, 2011, the Defendant: (a) was on the opening of the entrance stairs of the new-dong apartment in Gangdong-gu Seoul Metropolitan Government, Gangdong-gu; (b) was inflicted an injury on the Huuri, following the booming of the booms; and (c) accordingly,

(hereinafter referred to as “instant accident”). C.

On June 22, 2011 due to the instant accident, the Defendant received a diagnosis of pressure of the first summary from a medical clinic from the said medical clinic to July 19, 2011. On May 29, 2013, the Defendant received medical treatment from the said medical clinic to the said medical clinic, and was subject to the C’s medical treatment and the MRI inspection from the said clinic.

On April 2, 2014, the defendant was diagnosed by the second disability of "Icheon Medical University Affiliated Hospital on June 21, 201, the name of the injury and disease: the pressure pressure of No. 1 in 2011, various inspection opinions: Ethical observation on radiation inspection: Ethical aggregate (20% pressure rate) opinion, and 10 degrees thereafter (10 degrees), and the content of the post-treatment disability: Change only after the movement and movement is restricted, disability assessment: Determination of the second disability of "I will be judged as permanent disability", and on July 21, 2014, the defendant claimed insurance proceeds after the death of the injury and injury according to the insurance contract as stated in the attached Form.

【Ground for recognition】 The fact that there has been no dispute, Gap's 1 through 4, Eul's 1, the purport of the whole pleadings and arguments

2. Judgment on the plaintiff's assertion

A. The Defendant’s claim for the insurance proceeds of the remaining disability against the Plaintiff should be deemed to have run from July 19, 201, when the Defendant received the last hospital due to the instant accident, and the Defendant thereafter claims the insurance proceeds of the remaining disability on July 21, 2014, which is after the lapse of the two-year extinctive prescription period under Article 662 of the former Commercial Act (amended by Act No. 12397, Mar. 11, 2014) and the terms and conditions of the insurance. The foregoing claim for the insurance proceeds has expired after the expiration of the extinctive prescription period, and thus, is against the Plaintiff.

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