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(영문) 광주고등법원 2015.05.15 2013나10269
채무부존재확인
Text

1.The judgment of the first instance shall be modified as follows:

Attached Form

Attached Form 1 concerning insurance accidents listed in the list of paragraph 1.

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. Basic facts

A. The Plaintiff and the Defendant’s insurance contract is a company running the insurance business, and the Defendant entered into an insurance contract on August 18, 2007 between the Plaintiff and the Plaintiff listed in the attached Table No. 2 (hereinafter “instant insurance contract”).

The insured amount of the general disability of injury guaranteed according to the special terms and conditions of the injury in the instant insurance contract is KRW 60,000,000, and the insured amount of the injury income compensation guaranteed pursuant to the special terms and conditions of the injury compensation contract is KRW 30,000,000.

The general terms and conditions of the instant insurance contract are as follows.

§ 14 (Compensation for Loss) ① The Company shall be liable for any sudden and incidental accident during the insurance period of the Insured (hereinafter referred to as the “accident”).

.I do not exclude physical assistive devices, such as water, clothing, bill, doctor's duty, etc.

) If he has sustained an injury, she shall have suffered from that injury (hereinafter referred to as "damage").

Part I (Common Terms and Conditions) and Part II (General Terms and Conditions Relating to Health) of the Insurance Contract. Part II (General Terms and Conditions Relating to Health) of the General Terms and Conditions of the Insurance Contract of this case provide the following provisions, and the interest rate on the loan of the Insurance Contract of this case currently is 5.3% per annum. Article 33 (Payment of Insurance Money) (1) The Company has received the notice of the occurrence of damages and the claim documents set forth in the required documents at the time of filing a claim, such as the Insurance Money, and received the same within three (3) business days from the date of receipt of the documents, the Insurance Money for Liability for Damages is paid for the Insurance Money and the Insurance Money for Property Damage is paid within 10 (10) business days, and within 20 (20) business days.

(4) Where a company fails to pay insurance proceeds within the date of payment stipulated under paragraphs (1) and (2), it shall add the amount calculated as a welfare unit per annum for the period from the following day to the date of payment to the amount of insurance proceeds.

However, the contractor, the insured, or.

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