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(영문) 의정부지방법원 2016.01.27 2014가합50507
채무부존재확인
Text

1. With respect to an accident described in the attached Table 1, the plaintiff shall be the defendant based on the insurance contract listed in the attached Table 2.

Reasons

1. Basic facts

A. On January 11, 2012, the Plaintiff entered into an agreement with B on the “self-parents” (hereinafter “instant insurance”) with the content as indicated in the attached Table 2, as indicated in the attached Table 2.

B. Terms and conditions of the instant insurance contract concerning injury income compensation (at least 80 per cent disability) are as follows:

Article 1 (Compensation for Injury with 80% or more) Special Terms and Conditions for Guarantee of Injury (Compensation for Loss) ① The Company shall pay to the insured the total purchase amount of this Special Terms and Conditions in case the insured has suffered the injury as prescribed in Article 13 (Compensation for Loss) of the General Terms and Conditions, and the bodily part has been lost as a direct result or the function thereof has been permanently lost (hereinafter referred to as “ex post facto disability”) and the payment rate prescribed in each subparagraph of the Disability Classification (Attachment 2) has been higher than 80%, if any subsequent disability has occurred.

However, with respect to a temporary disability that is not permanently fixed symptoms, but after the completion of treatment, if the period is at least five years, 20% of the rate of disability payment shall be applied as the rate of disability payment.

Article 13 (Compensation for Damages) ① When the insured has suffered bodily injury (excluding bodily assistance equipment, such as acceptance, will, bill, chair, etc.) 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 in accordance with this Clause.

C. On January 22, 2013, around 09:30 on January 22, 2013, the Defendant was found to have been in the state of getting out of 104 Kawon-gun Apartment, Gangwon-do and lost the mind.

(hereinafter referred to as “instant accident.” The Defendant, immediately after the instant accident, was diagnosed as a propoppy in a DNA hospital, was transferred to the fluorianum hospital of the Tol University (hereinafter referred to as “the Eluorum hospital”). The Defendant was diagnosed as a propoppy and cerebrovassis, and was diagnosed as a poppy and cerebrssis on September 16, 2013 at the Eluorum hospital.

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