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(영문) 부산지방법원 2019.12.12 2019가합43357
채무부존재확인
Text

1. With respect to the accidents listed in the attached Form 2, the plaintiff (Counterclaim defendant) based on the insurance contract listed in the attached Form 1.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. 1) The Defendant entered into an insurance contract on March 5, 2007 with the same content as the Plaintiff’s attached Table 1 (hereinafter “instant insurance contract”).

2) Of the terms and conditions of the instant insurance contract, the parts relating to the instant case are as follows.

Part II of the Terms and Conditions, Section 1 of the General Terms and Conditions, Section 1 (Liability for Damages) Article 13 (Compensation for Damages) of the Insurance Contract, Section 1 of the General Terms and Conditions, Section 1 (Liability for Damages) 1, if the insured has suffered bodily injury (excluding physical assistance equipment, such as acceptance, will, bill, and rule; hereinafter the same shall apply) due to a sudden and incidental accident during the insurance period (hereinafter referred to as "accident"), the company is bound to compensate for the damage resulting from the injury (hereinafter referred to as "damage") in accordance with the General Provisions and this Clause.

(2) The injury referred to in paragraph (1) shall include addiction symptoms generated as a result of absorption or intake of poisonous gases or toxic substances at the time, even if they are fluent.

However, the addiction symptoms generated as a result of the food poisoning and habitually inhaled, absorption, or intake are not included in this.

Article 17 (Effect of Other Physical Injury or Disease) (1) If the insured has suffered an injury as provided for in Article 13 (Compensation for Loss) (1), after having already existed physical injury or disease or having suffered an injury as provided for in Article 13 (Compensation for Loss), the company shall determine and pay the amount equivalent to the time when the injury has not occurred, and then the company shall determine and pay the amount equivalent to the amount at which the injury has already occurred if the injury as provided for in Article 13 (Compensation for Loss) is serious due to the impact of new injury or disease resulting

Section 2. Section 1-4 of the Special Terms and Conditions for the Guarantee of Injury Income Compensation Fund, Section 1 (Compensation) of the Special Terms and Conditions for the Insured's Insurance Policy (Insurance Policy), Section 1 of the Special Terms and Conditions for the Insured's Insurance Policy (Insurance Policy) shall be "Special Terms and Conditions" and "Special Terms and Conditions".

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