logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원성남지원 2015.07.10 2015가합201981
채무부존재확인
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The plaintiff (Counterclaim defendant) is the defendant (Counterclaim plaintiff) with 200,000.

Reasons

1. Basic facts

A. On July 23, 2012, the Plaintiff and the Defendant concluded the instant insurance contract (hereinafter “instant insurance contract”). Upon entering into the said insurance contract, the Defendant added not only the basic contract (amounting to KRW 100 million), but also the special terms and conditions on the collateral (amounting to KRW 100 million) to the said insurance contract.

B. Of the general terms and conditions and special terms and conditions of the instant insurance contract, the contents relating to the instant case are as follows.

Article 16 (Types and Grounds for Payment of Insurance Money) (1) Where the insured (person subject to insurance) is in a state of disability corresponding to each disability payment rate set forth in the Disability Classification Table (referring to the Disability Classification Table 1) as a direct result of injury during the insurance period, the company is bound to pay the following amount as insurance money to the beneficiary (person who receives the insurance money).

2. The amount calculated by multiplying the payment rate prescribed in the Disability Classification Table by the purchase amount of insurance if the rate of disability payment is at least 3% due to the kind of insurance proceeds, the amount of injury to the body shall be an amount calculated by multiplying by the purchase amount of insurance.

Article 17 (Detailed Provisions for Payment of Insurance Money) (1), notwithstanding Article 16 (1), Article 16 (1) shall apply, if the period for temporary disability after the completion of treatment is at least five years, the rate of disability payment shall be 20% after the rate of disability payment.

(2) If the rate of disability payment in Article 16 (1) is not determined within 180 days from the date on which the injury occurs, the condition of disability payment shall be determined as the rate of disability payment, based on the diagnosis of intention on the date on which 180 days elapse from the date on which the injury occurs.

(3) Notwithstanding paragraph (2), the state of disability becomes worse during the insurance period after the rate of disability payment is determined.

arrow