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(영문) 광주지방법원 2018.06.15 2017나57812
보험금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The reasoning of the judgment of the court of first instance citing this case is as follows, and the reasoning of the judgment of the court of first instance citing this case is the same as that of the judgment of the court of first instance, except for adding the following judgments.

2. Additional determination

A. The defendant asserts that the terms and conditions of each of the insurance contracts of this case stipulate that the payment rate of the residual disability shall be added to the case where two or more secondary disabilities have occurred due to the same disease, and that the payment rate of the residual disability shall not be stipulated in the case where each of the secondary disabilities has occurred on the other physical parts due to other diseases. If the payment rate of the residual disability is not added to the case where each of the secondary disabilities has occurred on the other physical parts due to other diseases, the insurance accident under the terms and conditions of each of the insurance of this case cannot actually occur unless the payment rate of the residual disability is added to the case where the provisions of the terms and conditions are unclear, and therefore, the insurance

On the other hand, the above macroscopic evidence showed the overall purport of oral argument, i.e., circumstances where the insurance contract of each of the insurance of this case provides for the payment of insurance proceeds in cases where the rate of payment of the subsequent disability exceeds 80%, and provides for the payment rate of the subsequent disability by specifying “where at least two subsequent disabilities have occurred due to the same disease,” so it is difficult to deem that the payment rate of the subsequent disability should be added even if two or more subsequent disabilities have occurred in other cases. In particular, the terms and conditions of the insurance Nos. 3, 4, and 5 of this case provide for the determination of the rate of payment of the subsequent disability every time when the subsequent disability occurred at least two times due to other diseases, and iii) the insurance of this case from the average customer’s perspective.

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