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(영문) 대구지방법원 2017.02.08 2015가단127442
보험금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff is a doctor who operates a “B hospital”.

On January 25, 2014, the Defendant, as an insurer, concluded a contract for medical doctors and hospital liability insurance with the Plaintiff (hereinafter “instant insurance contract”), and the details of the relevant major contract and the terms and conditions are as follows:

[The main contents of the instant insurance contract] Insurance period: From January 25, 2014 to January 24: 25, 2015, the insured worker (B hospital): Insurance premium of KRW 11,109,000: - the maximum amount of compensation per claim - the maximum amount of compensation per claim - the total amount of KRW 100 million - the maximum amount of self-paid contributions of KRW 200,000: the date of application of KRW 500,000 retroactively: 5: 60 days [main contents of the instant insurance contract] under Article 5 (Compensation) of this Section and the provisions of the special terms attached thereto within the coverage area under the insurance policy (insurance policy]

1. The insured’s statutory damages (e.g., loss compensation) (2) Company is bound to compensate for the first claim for damages during the insurance period.

However, if the date of retroactive application is stated on the insurance policy (insurance policy), the damage to the act done before the date of prompt application of the lawsuit or after the expiration of the insurance period shall not be compensated for.

"The first claim for damages made during the insurance period" of Article 6 (Date of Claim for Damages) Section 2 of Article 5 (Compensation for Damages) means:

1. If the insured and the Company receive the claim for damages, it shall be based on the first claim for damages.

However, if the insured has received it, unless there is clear evidence, the claim for damages from the date of notification to the company shall be first made.

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