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(영문) 창원지방법원 2016.02.18 2013나1741
한정채무부존재확인
Text

1. The judgment of the first instance court, including the defendant (Counterclaim Plaintiff)'s counterclaim extended in the trial, is as follows.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff and the deceased A are companies running the insurance business. 2) The Plaintiff and the deceased, around February 2003, entered into an accident insurance contract (attached Form No. 1) contract of the Undividend Free Distribution Period, and entered into a nursing insurance contract of August 2003 (Attached Table No. 2), and the network A is a contractor and the insured of each of the above insurance contracts.

3) The main contents of the contract relating to the instant accident described in the insurance policy of each of the above insurance contracts are as follows: ① Payment of the coverage amount of the accident insurance coverage during the insurance period / Payment of the purchase amount of the accident insurance / When the beneficiary dies due to the general injury resulting from death or injury other than death (Provided, That the remaining disability less than 80 per cent shall be paid by multiplying the rate of disability payment) 5,000,000 won for 10/10/10 of the beneficiary’s death or the time of disability (Provided, That the above provision of the insurance contract shall be applicable to the case of non-payment / Payment 10,000 of the subscription amount for each year when the beneficiary dies with at least 80 per cent of the general injury resulting from death or injury other than death during the insurance period / Payment 10,000,000, 15/80 of the beneficiary’s death or injury due to the general injury resulting from death or injury other than death (the following amount of disability insurance contract shall be paid by the defendant 100/4000/108).

1. Article 13 (Compensation for Loss) of the General Terms and Conditions of Accident Insurance in the Time of Non-Distribution Freedom (hereinafter referred to as "accident") ① If the insured sustains bodily injury due to a sudden and incidental accident (hereinafter referred to as "accident") during the insurance period, the company shall compensate for the damage resulting from such injury (hereinafter referred to as "damage") in accordance with this Clause.

Article 16 (Insurance Money for Old Disability): The company shall receive the injury prescribed in Article 13 (Compensation for Loss) and directly result in the injury, part of the body within one year from the date of the accident.

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