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(영문) 수원지방법원 2015.09.10 2014가합70507
채무부존재확인
Text

1. In relation to an accident described in paragraph 1 of the Schedule I, it shall be in accordance with an insurance contract described in paragraph 2 of the Schedule.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On September 11, 2007, the Plaintiff concluded an insurance contract with the Defendant and the insured as indicated in attached Table 2 (hereinafter “instant insurance contract”).

B. The main contents of the terms and conditions incorporated into the instant insurance contract are as follows.

Article 13 (Damage) of the General Terms and Conditions (Indemnification) ① When the insured sustains bodily injury (excluding physical assistance equipment, such as water, clothing, bill, and bill) due to a sudden and incidental accident (hereinafter referred to as “accident”) during the insurance period, the company is bound to compensate for the damage resulting from the injury (hereinafter referred to as “damage”) in accordance with this Clause.

Article 16 (Insurance Money for Social Disability) (2) General Disability Insurance Money: In case the insured was injured by an accident as prescribed in Article 13 (Compensation for Damages), and the injury was cured, and the company has lost part of the body within two years from the date of the accident, or has permanently lost its function (hereinafter referred to as "ex post facto disability") and the rate of payment specified in the Disability Classification Table remains, the company shall pay as general ex post facto disability insurance money the amount calculated by multiplying the insurance coverage amount stated in the insurance policy (insurance Policy) by the rate of payment prescribed in the Disability Classification Table.

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 been affected, 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

Article 34 (Payment of Insurance Proceeds) (1) A company shall submit the claims prescribed in Article 33.

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