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(영문) 수원지방법원 2017.01.12 2015가합70894
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 30, 2011, the Defendant concluded an insurance contract with the damage insurance company (hereinafter “Plaintiff”) (hereinafter “instant insurance contract”) with the same content as that indicated in the attached Form (hereinafter “instant insurance contract”).

B. On August 9, 2014, the Defendant was diagnosed with the escape card of a conical signboard and the external side fluorrhosis of the left part of the instant accident.

C. After that, due to the instant accident, the Defendant: (a) suffered significant disability (payment rate of 10%) among the disability in spine stipulated in the terms and conditions of the instant insurance contract; and (b) claimed the insurance proceeds for the remaining disability.

The main contents of the insurance terms of this case are as follows.

Insurance Terms and Conditions Spor 1 disability classification table

1. 4) Definition of a disability: With respect to a temporary disability that is not permanently fixed, but after the completion of treatment, if the period is not less than five years, the payment rate for the relevant disability shall be 20% higher than the payment rate for the relevant disability;

(a) Classification 9) Small number of conical signboards escape certificates (pact disc: 10% payment rate;

9. Obstruction of legs;

(a) When there is an obvious obstacle to the function of Section 1 among the three sections of a bridge: 10% payment rate 10% , without any dispute over the ground for recognition, each of the statements in subparagraphs 1 through 3, the results of inquiries into the C Hospital heads of this court, and D Hospital heads, and the purport of the whole pleadings;

2. Judgment on the plaintiff's assertion

A. The Plaintiff’s assertion that the remaining disability suffered by the Defendant due to the instant accident constitutes a disability less than five years in Korea, and does not constitute a subsequent disability guaranteed by the instant insurance. Therefore, there is no obligation to pay the Defendant’s insurance proceeds for the Plaintiff’s remaining disability that occurred due to the instant accident.

B. In full view of the purport of the entire pleadings in the written evidence No. 3 and No. 2, the Defendant’s intent on June 13, 2015.

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