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(영문) 대전지방법원서산지원 2017.10.17 2016가단55709
채무부존재확인
Text

1. With respect to any accident described in the attached Table 1, the Plaintiff (Counterclaim Defendant) based on the insurance contract indicated in the attached Table 2.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Facts of recognition;

A. On July 9, 2015, the Defendant concluded a comprehensive automobile insurance contract (hereinafter “instant insurance contract”) with the same content as the attached Table 2 with respect to the B Poter and Bab (hereinafter “instant cargo”) owned by the Plaintiff and the Defendant.

The main contents are as follows:

Article 12 (Compensation for Loss) In self-physical accidents, an insurance company shall be bound to compensate for the loss resulting from any of the following accidents which occurred while the insured owns, uses, and manages the insured motor vehicles:

1. The types and limits of insurance proceeds that an insurance company pays in its own physical accident under Article 15 (Types and Limits of Insurance Money) of the Accident Caused by Operation of Insured Motor Vehicles shall be as follows:

2. If treatment is required as a direct result of the injury of the injured, it shall be limited to one of the criteria for payment of self-physical accidents) to the amount of insurance coverage on the classification of injury and the table of the amount of insurance coverage by grade. 3. If the injured has a physical disability remaining after receiving the treatment as a direct result of the injury suffered, it shall be limited to the amount of insurance coverage by each disability grade listed in the insurance policy in accordance with the table of the classification of self-physical accidents and the amount of insurance coverage by grade.

Article 16 (Calculation of Insurance Money to be Paid) (1) The insurance money to be paid for personal physical accidents shall be calculated as follows:

However, the expenses shall not be paid if the amount of deduction does not accrue.

Payment insurance premium = Expenses actually damaged - deducted amount

4. Provided, That if the deduction amount under subparagraph 3 above does not occur, the death insurance amount entered in the insurance policy in the case of death, the medical expenses actually incurred in the case of injury (including the sex surgery expenses) and the remaining disability recorded in the insurance policy in the case of a chronic disability.

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