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(영문) 광주지방법원 2015.05.20 2014가단507490
보험금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of premise;

A. On January 28, 2005, the Plaintiff entered into a traffic safety insurance contract (number B: hereinafter “instant insurance contract”) among postal insurance with Defendant Korea Post, the insured, and the beneficiary as the Plaintiff, setting the insurance period as 20 years until January 28, 2025.

B. Under Article 12(1)5 and 12(1)5 of the Insurance Contract Terms and Conditions of this case, “If a person becomes a disability of Grades I through II in the Table of Disability Classification due to traffic disasters, disability pension shall be paid, 10,000 won per year, and 5,000,000 won per year, and 10,000 won per year in the case of Grades I and II” shall be paid in accordance with attached Table 1(3) of the Table of Disability Classification 1 [Attachment 2], the physical disability of Grade I shall be determined as disability of the disability grade.”

C. On December 28, 2006, at around 18:15, the Plaintiff was faced with a traffic accident shocked by C Driving D car while crossing the road on the street in front of the Han River Resources in Gwangju Mine-gu.

(hereinafter “instant accident”). [The grounds for recognition] The fact that there is no dispute, entry of Gap evidence Nos. 1 and 2, and the purport of the whole pleadings.

2. Judgment on the Plaintiff’s claim for disability pension

A. The plaintiff's assertion asserts that the plaintiff is obligated to pay the first degree disability pension to the plaintiff, since the plaintiff was in a state of disability of the first degree due to the accident of this case.

B. According to the Plaintiff’s progress of treatment, the following facts may be acknowledged, according to the Plaintiff’s medical record appraisal commission (excluding the parts not accepted in the rear) with respect to the Plaintiff’s medical record appraisal commission with respect to the Korea Compensation Medical Council of this Court (excluding the parts not accepted in the rear).

① The Plaintiff suffered from the instant accident, and then on December 29, 2006, at the CT test conducted by the E Hospital on December 29, 2006, 2002, 300.

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