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(영문) 서울남부지방법원 2018.02.01 2016가합113123
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The plaintiff is a non-life insurance company, and the defendant is a policyholder and the insured who has concluded an insurance contract with the plaintiff as shown below.

On November 14, 2014, the Defendant entered into an insurance contract with the same content as the attached list, as the Defendant’s pre-contract notification source, and the Defendant entered into an insurance contract.

(hereinafter “instant insurance contract”). Articles 2, 3, 15, and 17 of the said insurance terms and conditions (hereinafter “instant terms and conditions”) are as follows.

Section 2 (Definition of Terms) Unless otherwise defined in other provisions of this Agreement, the definitions of terms used in this Agreement shall be:

2. Terms related to the grounds for payment;

(a) Injury: It means an injury sustained by a body (excluding bodily assistance equipment, such as artificial organs or parts, but including artificial organs or parts, which are transplanted and substituted for its function) due to a sudden and incidental accident that occurred during the insurance period;

(c) Important matters: It refers to matters that may affect the acceptance of a contract, such as refusing to make an offer of a contract, restricting the amount of insurance coverage, excluding partial guarantees, reducing insurance proceeds, and granting conditional acceptances, if the company knew of the fact with respect to the obligation to notify the whole contract.

Article 3 (Grounds for Payment of Insurance Money) If the insured becomes a disability equivalent to 3 to 100% disability payment rates set forth in the Disability Classification Table (Attached Table) during the insurance period, the company shall pay to the beneficiary (the insured if the beneficiary is not designated) the amount calculated by multiplying the amount of disability payment rate set forth in the Disability Classification Table by the amount of insurance coverage.

[Attachment]

9. Obstruction of legs;

(a) When the function of Section 1 of Section 3 of a bridge classified as a disability has been completely lost: 30 percent of the payment rate;

(b)the criteria for the determination of disability 3) “bridges” means:

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