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(영문) 수원지방법원안양지원 2012.10.26 2012가합2007
채무부존재확인
Text

1. As to the accidents described in paragraph 2 of the attached list, time limit for the insurance contract described in paragraph 1 of the attached list.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the statements in Gap evidence Nos. 1 to 4, 6, 9 (including serial numbers; hereinafter the same shall apply), Eul evidence Nos. 1 to 12, and the whole purport of the pleadings as a result of the inquiry into facts with respect to the head of the Gansan Hospital at the Korea National University of University, Korea.

Around June 9, 200, the instant insurance contract was concluded between the Plaintiff and the insured, who is an insurance business entity, and the Plaintiff entered into the same insurance contract as indicated in attached Table No. 1 (hereinafter “instant insurance contract”). The said insurance contract includes the payment of the following insurance proceeds when the insured was injured:

Where a disability payment rate is at least 50% due to a contingency of the General Injury and Rehabilitation Pension, which is at least KRW 10 million,00,000,000, which is at least KRW 10,000,000, or where a disability is at least 50% due to a traffic accident of the Transport Injury and Rehabilitation Pension, which is at least KRW 50,000,000, which is at least 25,000,000, or where a disability is at least 50% due to a traffic accident of the Transport Injury and Rehabilitation Pension.

B. Of the terms and conditions applicable to the instant insurance contract, the following are relevant to the instant case:

Article 3 (Compensation for Damages) (1) If the insured under an insurance policy suffers bodily injury due to a sudden and incidental accident (hereinafter “accident”) during the insurance period, the company is bound to compensate for such injury (hereinafter “damage”).

Article 24 (Insurance Money for Future Disability) (1) In case the insured was injured by an accident as prescribed in Article 3 and has directly lost part of his body within 180 days from the date of the accident or has lost his function permanently (hereinafter referred to as “aftermath disability”), the company shall be the insured with the payment rate prescribed in each subparagraph of attached Table 1, multiplied by the amount of insurance coverage.

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