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(영문) 광주고등법원 2017.12.08 2016나14583
채무부존재확인
Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the above part is revoked.

Reasons

1. Basic facts

A. On October 10, 2008, the Plaintiff concluded an insurance contract with the Defendant’s spouse B (hereinafter “instant insurance contract”).

Insurance name: The insured's insurance period from October 1, 2008 to October 10, 2046: The insurance premium for the defendant: the major coverage amount of KRW 161,884 per month: the payment of subscription amount for the death or disability of at least 50,000 won due to the insured's injury, - the payment of subscription amount for the injury income compensation fund (special agreement): the payment of subscription amount for 10,000,000 won for the injury of at least 50%: the additional disability compensation (special agreement) for the injury of at least 10 years - the additional disability after the death of : the subscription amount for 50,000,000 won: the payment of subscription amount for the injury of at least 80% due to the death or the injury of at least 80% from October 10, 204.

Article 16 (Insurance Money for Old Disability) (1) In the event that the insured suffers from an injury during the insurance period under Article 13 and loses part of his body within two years from the date of the accident as a direct result after the injury was cured, or his ability to do so is permanently lost (hereinafter referred to as "after being injured"), and the rate of payment specified in the Disability Classification (see attached Table 1; hereinafter the same shall apply) reaches or exceeds 80%, the insured amount specified in the insurance policy (hereinafter referred to as "higher disability") shall be paid to the beneficiary as the insurance money for high-ranking disability specified in the insurance policy.

(4) If the rate of the payment of the residual disability insurance money referred to in paragraph (1) for the payment of the latter disability shall be 180 days after the date of the accident, but if the rate is not determined, the rate of the payment of the latter disability shall be the rate of the payment of the latter disability.

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