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(영문) 서울남부지방법원 2017.08.18 2015가단224920
채무부존재확인
Text

1. On June 28, 2014, the Defendant (Counterclaim) suffered an injury while driving the stable in the Geumcheon-gu Seoul Metropolitan Government Sports Site.

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. Basic facts

A. A. Around May 2009, the Defendant signed a contract (securities number : C) with the policyholder and the insured to receive the remaining disability, injury medical expenses, and the amount of injury hospitalization allowance, etc. by joining the non-dividend new-line insurance product sold by the Plaintiff, who is an insurer, as a policyholder, and the insured.

B. On June 28, 2014, the Defendant was hospitalized in a hospital for seven days, after receiving an injury, such as the mouths and slopings around the left side of the 2-3-4 mid-to-side sloping and slopings around the first sloping sloping slopings on the left side, while the Defendant had resided in the Geumcheon-gu Seoul Metropolitan Government B Sports Site.

C. According to the terms and conditions of the instant insurance contract, in cases where a company suffered injury due to an accident corresponding to the insured's injury and lost part of the body within two years from the date of the accident as a direct result, or where the function of the company has been permanently lost (ex post facto disability) and the rate of payment under the disability classification table remains less than 80%, an amount calculated by multiplying the rate of payment under the disability classification table by the insurance coverage amount under the disability classification table shall be paid to the beneficiary (or the insured) as general ex post facto disability insurance proceeds.

(Article 17(2) of the General Terms and Conditions, Article 4(2) of the General Terms and Conditions, and Article 4(2) of the General Terms and Conditions.

On the other hand, in terms of the terms and conditions, the disability classification table provides that "when part of the salves of oriental origin has been lost, or when he has left clear obstacles," with payment rate of 8%, "when part of the salves of oriental origin has been lost, or when he has left clear obstacles (if he has left part of the salves of oriental origin except for oriental origin or when he has left part of the salves of oriental origin)," respectively, 3% of the payment rate, and "when he has left part of the salves of oriental origin" means when the salves of oriental origin become less than 1/2 of the normal exercise area, and in this case, it means when the salves of oriental origin become the main function of the salves.

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