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(영문) 서울중앙지방법원 2017.03.24 2014가합561814
채무부존재확인
Text

1. With respect to the accident described in attached Form 1, the plaintiff (a counterclaim defendant) based on the insurance contract mentioned in attached Form 2.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On December 18, 2009, the Defendant entered into an insurance contract (hereinafter “instant insurance contract”) with the Plaintiff, an insurance company, with the insured and the beneficiary as the Defendant himself, with the amount of KRW 90,000,000, which is set forth in the attached Form No. 2 as KRW 90,000.

B. The terms applicable to the instant insurance contract are as follows.

Article 15 (Compensation for Loss) ① When the insured (Subject to Insurance) suffers an injury to his body (excluding physical assistance equipment, such as water, clothing, bill, and bill; hereinafter the same shall apply) due to a sudden and incidental accident (hereinafter referred to as “accident”) during the insurance period, the Company shall compensate for the damage resulting from the injury (hereinafter referred to as “damage”) in accordance with the terms and conditions.

Article 16 (Compensation for Non-Compensation) The Company shall not pay for any loss arising from the following causes:

5. Insurance proceeds for general disability under Article 18 (Insurance Money for Disability) of the Insured (Persons Subject to Insurance): In case the Insured (Persons Subject to Insurance) suffers from injury due to an accident as provided for in Article 15 (Compensation for Loss), the Company shall pay to the beneficiary an amount calculated by multiplying the insurance coverage amount as provided for in the Table of Disability Classification by the rate of payment specified in the Insurance Policy (Certificate of Insurance Policy) by the total insurance coverage amount, if the Insured (Persons Subject to Insurance) has lost part of the body within two years from the date of the accident as a direct result of the accident, or has lost its function permanently (hereinafter referred to as "after disability"), or if the disability (hereinafter referred to as "general after disability") remains, the payment rate specified in the Disability Classification is less than 80%.

The disability classification table shall be the same.

6. Obstruction of spine;

(a) If he/she has left inverte (if he/she has left the place obvious on the bones, etc., 30% of the payment rate;

(b) disability assessment criteria 2) spine (e.g., spine strelle strelle strelle strelle;

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