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(영문) 광주고등법원 2016.11.30 2015나13408
채무부존재확인
Text

1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).

purport, purport, and.

Reasons

1. The reasoning of the court of first instance concerning this case is as follows: ① “the result of the commission of physical examinations to a prior university hospital of the first instance court” in the fourth part of the judgment of the first instance court; ② “the result of the commission of physical examinations to a prior university hospital of the first instance court” in the fourth part of the judgment; ② “the result of the commission of physical examinations to a prior university hospital of the first instance court of the fourth part” in the fourth 19; ③ “the result of the commission of physical examinations to a prior university hospital of the first instance court of the first instance; ③ the result of the commission of physical examinations to a prior university hospital of the first instance and the prior university hospital of the fifth 12th 5th 5th 5th 5th 5th 5th 5th 5th “the result of the commission of physical examinations to a prior university hospital of the first instance court of the first instance; and ④ the result of the commission of physical examinations to a prior university hospital of the first instance court of the second 4th 2th 20th 2th 20th 2th 3th 4th 20.

2. Determination on the Plaintiff’s additional assertion in the trial room

A. The Plaintiff’s assertion that the instant insurance accident occurred, and even if B suffered an obstacle to “protruding escape certificate among the drugs” stipulated in the terms and conditions of each of the instant insurance contracts due to the instant insurance accident, B was diagnosed with spine only on January 10, 204, which was prior to the insurance period of each of the instant insurance contracts, and therefore, the instant insurance accident is deemed to fall under Article 17(7) and (8) of the terms and conditions of the instant insurance contract, and Article 16(7) and (8) of the terms and conditions of the instant insurance contract, and thus, the amount of the subsequent disability insurance for the previous disability should be paid after deducting the insurance proceeds. Accordingly, the rate of disability payment with spine only 15% exceeds the rate of disability payment for the “protruding escape certificate between drugs”, and thus, the Plaintiff shall be paid to the Defendant.

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