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(영문) 청주지방법원 2014.05.14 2012가합5954
공제금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On July 20, 2005, the Plaintiff entered into a new injury mutual aid agreement (hereinafter “new injury mutual aid agreement”) with the Defendant and the Insured from July 20, 2005 to July 19, 2015, with the period of mutual aid, from July 20, 2005 to July 20, 2015. The new injury mutual aid agreement of this case requires the beneficiary of the mutual aid to make a final payment for 1,50,000 won per month of the living pension to the beneficiary of the mutual aid money for 20 years where the beneficiary becomes a disability of class 1 due to the direct cause of the accident that is an contingent external accident during the period of mutual aid, but at a predetermined rate of 5.5% per annum where a lump-sum payment is made.

B. On May 16, 2008, the Plaintiff and the Defendant B, and the beneficiary period from May 16, 2008 to May 15, 2029, and entered into a Vietnam family love mutual aid agreement for the Plaintiff as the beneficiary of the mutual aid benefit in the event of hospitalization (the number D; hereinafter “instant family love mutual aid agreement”). The instant family love mutual aid agreement provides that the beneficiary shall pay 1,00,000 won for family income compensation at one time and 1,200,000 won for family income compensation if the beneficiary becomes a disability for more than 80% due to the same contingency accident during the mutual aid period due to the same disability classification table. However, in the event that the beneficiary is paid in lump sum, the beneficiary shall be paid at a discount of 4.25% per annum of welfare.

C. Under each of the instant mutual aid agreements, the term “disaster” refers to “accidents that occur in the Republic of Korea,” and such term constitutes “accidents that occur in the Republic of Korea.”

B was diagnosed on July 15, 2008 as the result of the brain typology test taken by the Cheongsung APama Hospital, and was diagnosed as suspected, and was diagnosed as having been on September 2, 201 at the Seoul APasan Hospital on September 2, 201, and was diagnosed as having been on September 23, 201 as the amended detona index (MBI) 35.

On the other hand, on March 7, 2013, the doctor E, and F of the Katol University.

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