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(영문) 수원지방법원안양지원 2016.05.12 2014가단115245
채무부존재확인
Text

1. Insurance money listed in the attached list No. 1 against the plaintiff based on the insurance contract stated in the attached list No. 2.

Reasons

1. Basic facts

A. On January 20, 2014, the Plaintiff, a company running non-life insurance business, entered into an insurance contract with the Defendant designating the insured and the beneficiary at maturity as the Defendant as the Defendant and entered into the insurance contract listed in the separate sheet No. 2 (hereinafter “instant insurance contract”). The instant insurance contract covers the payment of KRW 300 million upon occurrence of a disability attributable to a general injury.

B. The main contents of the instant insurance contract are as follows.

Article 17 (Types and Grounds for Payment of Insurance Money) The Company shall pay the insurance money agreed upon to the beneficiary (person receiving the insurance money) when any of the following events occurs to the insured (person receiving the insurance money):

1. If the rate of disability payment specified in the attached Table 1 of the Disability Classification Table 1 during the insurance period is at least 80%: To pay the beneficiary the full amount of the purchase of insurance for the disability after death in general, with the insurance proceeds for the disability after death in general, which shall be paid to the beneficiary;

2. When the rate of disability payment specified in the attached Table 1 of the Disability Classification Table 1 becomes a disability less than 80% during the insurance period: Notwithstanding subparagraphs 1 through 2 of Article 18 (Detailed Provisions for Payment of Insurance Money) (1) Notwithstanding Article 17 (Types and Grounds for Payment of Insurance Money) (1) With respect to a disability which appears temporarily after the completion of treatment for not less than five years, an amount calculated by multiplying the insurance amount of the disability payment rate by the payment rate referred to in the subparagraphs of attached Table 1 shall be paid to the beneficiary as the insurance amount of the general injury after the death of injury in general by the payment rate prescribed in the subparagraphs of attached Table 1.

[Attachment 1]

6. Obstruction of spine;

(a) a little conical signboard escape certificate (tentatively named disc) of which serious conical signboard escape certificate (tentatively named disc) 208) is obvious, (i) a number of conical signboards escape certificate (tentatively named disc) 159).

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