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(영문) 부산지방법원동부지원 2017.11.17 2017가합642
채무부존재확인
Text

1. The plaintiff is based on the insurance contract described in Paragraph 2 of the attached list with respect to the accident described in Paragraph 1 of the attached list.

Reasons

1. Facts of recognition;

A. On December 15, 2008, the Defendant entered into an insurance contract on December 15, 2008 (hereinafter “instant insurance contract”) with the insured as the Defendant under the attached Table No. 2, stating that the insured would compensate for the damage caused by the injury when the insured sustained bodily injury due to a sudden and unexpected accident during the insurance period.

The main contents of the insurance contract of this case are as follows.

15. (Non-Guaranteed Damages) The Company shall not guarantee any damages arising from the following causes:

7. A pregnancy, childbirth (including king), miscarriage, or other medical treatment, such as surgery and other medical treatment, however, guaranteed for injury borne by the Company.

17. (Insurance Money for Injury Caused by Injury): If the insured was injured by an accident as determined by the provisions of 14. (Damage to Guarantee) and the injury was cured, and the company has, as a direct result, lost part of the body within two years from the date of the accident, or has permanently lost its function (hereinafter referred to as "ex post facto disability"), and the rate of payment specified in the Disability Classification Table remains at least 80%, the company shall pay to the beneficiary the insurance amount stated in the insurance policy (insurance Policy) for the injury of the deceased and the benefit amount for the de facto disability (hereinafter referred to as "insurance amount for the injury caused by injury").

In the event that the insured was injured by an accident as provided for in 14. (Damage Guarantee) and the injury was cured, and the company has lost part of the body within two years from the date of the accident as a direct result, or has lost its function permanently, and the payment rate as provided for in the Disability Classification Table remains less than 80% (hereinafter referred to as the "general disability"), the amount of insurance coverage stated in the insurance policy (insurance Policy) shall be set out in the Disability Classification Table.

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