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(영문) 서울중앙지방법원 2017.04.14 2016가합500172
보험금
Text

1. The Defendant’s annual interest in KRW 14,244,820 and KRW 5,57,950 among the Plaintiff, from October 14, 2016 to April 14, 2017.

Reasons

1. Basic facts

A. The plaintiff is a person who belongs to the Korea International Cooperation Agency (Korea International Cooperation Agency) and was engaged in overseas volunteer activities, and the defendant is a person who entered into an insurance contract with the Korea International Cooperation Agency as an insurance company.

B. The Korea International Cooperation Agency concluded an insurance contract between the Defendant and the Korea International Cooperation Agency, with the insurance period from March 21, 2013 to May 18, 2015, for the Korea International Cooperation Agency (hereinafter “instant insurance contract”). The Korea International Cooperation Agency (hereinafter “the instant insurance contract”) concluded an insurance contract for overseas workers’ disaster guarantee liability to compensate losses borne by the Korea International Cooperation Agency due to occupational accidents that occurred between the Plaintiff and its members. The main contents of the special terms and conditions applicable to the said insurance contract include the special terms and conditions for accident compensation liability and the additional special terms and conditions for expansion of accident compensation liability, and the special terms and conditions for the additional clauses for the nursing compensation are the damages under Article 1 (Compensation for Damages) of the General Terms and Conditions that the company bears for the liability for accident compensation as follows.

(1)

1. In the case of an employee subject to the Labor Standards Act: Article 1 (damages to be compensated) of the General Terms and Conditions for Extension of Indemnification Amount, Accident Compensation Liability, and Additional Terms and Conditions for Extension of Liability for Accident Compensation under Articles 78 through 80 of the Labor Standards Act and Articles 82 through 84 of the same Act (damages to be compensated) (1) of the Special Terms and Conditions for Accident Compensation to a worker (domestic and overseas) attached to the Special Terms and Conditions for Accident Compensation shall be expanded as follows,

Class 1 accident compensation rating 1,474 daily 8,495 daily 495 minutes;

2. Disability compensation;

5. Lump-sum compensation: The amount of average wages for 1,474 days: Provided, That if an insured person wants to receive the lump-sum compensation in installments, the amount shall be divided into an amount reflecting the interest rate for time deposits publicly announced by the Korea Insurance Development Institute each year.

Article 1 of the Additional Terms and Conditions for Nursing Compensation.

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