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(영문) 서울남부지방법원 2017.11.15 2015가단218635
보험금
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 48,750,000 to the Defendant (Counterclaim Plaintiff) and the amount from January 10, 2015 to November 15, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Prior to the premise facts, the following facts can be acknowledged according to the purport of evidence Nos. 1, 2, 18, 19, and the entire pleadings.

On January 10, 2006, the Plaintiff and C concluded a “non-distribution ELP and well-beingd Policy” contract (hereinafter “instant insurance contract”) with the insurer, the Defendant, and the beneficiary C, respectively.

According to this insurance contract, the plaintiff shall ensure that the insured events between January 10, 2006 and January 10, 2037 are as follows:

1) General injury (basic contract) : In the case of death or post-injury (the payment shall be made by multiplying the general injury by the disability payment rate) 2) in the case of a disability after the ordinary injury (the amount of disability less than 80 per cent shall be the amount multiplied by the disability payment rate): In the case of a disability after the general injury (the amount of disability less than 80 per cent shall be paid by the amount multiplied by the disability payment rate): In the case of a disability after the general injury (the remaining disability of less than 80 per cent shall be the amount multiplied by the disability payment rate): in the case of a disability after the general injury (the amount of 100 million won): in the case of a disability after the general injury of not less than 50 per cent (10% of the subscription amount per year shall be paid for 10 years,

B. On February 22, 2013, around 20:54, the Defendant suffered injuries, such as damage to the fresh's fresh's fresh, fresh's fresh, fresh's fresh, and power lines, damage to the fresh's fresher's freshline, and damage to the freshed bones, etc.

C. After that, the Plaintiff calculated the Defendant’s disability payment rate by 11% in total due to the instant accident (i.e., 1% of “when there is a significant obstacle to the function of Section 1 from among the three major sections of one arms).” Accordingly, around March 2014, the Plaintiff paid KRW 14.3 million in total for general injury (basic contract) insurance proceeds and the general injury injury insurance proceeds.

C On January 6, 2015, on the ground of the instant accident to the Plaintiff, pursuant to Article 32 of the General Terms and Conditions of the instant Insurance Contract, the general injury (basic contract) insurance money and the general injury.

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