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(영문) 서울고등법원 2017.09.21 2017나2014237
채무부존재확인
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

Reasons

1. On July 27, 2012, the Plaintiff sought confirmation that E had no liability to pay the death benefit of the Plaintiff’s injury to the designated parties other than the Defendant (Appointed Party) and the Defendant (Appointed Party) on August 13, 2012, with respect to an accident where the Plaintiff was diagnosed with a brupt of unknown details, which had ceased to be in line with the center of vadddi, while being in a toilet in a house located in Seongdong-gu Seoul, Seongdong-gu, Seoul. The Plaintiff sought confirmation on July 27, 2012 that there was no liability to pay the death benefit of the Plaintiff’s injury, and the first instance judgment dismissed the remainder of the Plaintiff’s claim.

Since only the plaintiff appealed on the part dismissing the plaintiff's claim among the judgment of the first instance, this Court's judgment is limited to the confirmation of the existence of the obligation to pay compensation for injury income.

2. The reasoning of the judgment of the court of first instance citing the instant case is as stated in the part of the judgment of the court of first instance, except for cases of cutting down or adding as follows. Thus, the court citing the summary content under the main sentence of Article 420 of the Civil Procedure Act as it is

(2) On March 3, 200, the part 2, 3, 3, 2, 2, 2, 2, 3, 2, 3, 2, 2, 3, 2, 2, 2, 3, 2, 2, 3, 2, 2, 2, 2, 3, 2, 2, 2, 3, 2, 2, 2, 2, 2, 2, 2, 3, 2, 3, 3, 2, 2, 3, 2, 3, 2, 3, 2, 3, 3, 2

At the last end of the third place, the following shall be added:

Among the insurance contracts in this case, the criteria for determining disability in new boundaries among disability disorders in new boundary (attached Table 2) under the 13th disability classification table of the Special Terms and Conditions on Compensation for Injury Income (not less than 80 per cent disability).

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