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(영문) 창원지방법원 2017.01.19 2015가합45
보험금
Text

1. The plaintiff is based on the insurance contract described in Paragraph 2 of the attached Table 1 with respect to the insurance accident described in paragraph 1 of the same list.

Reasons

1. Basic facts

A. On September 22, 2011, the Plaintiff, an insurance business entity, concluded an insurance contract indicated in Annex 1 List 2 (hereinafter “instant insurance contract”) with the Defendant, and the main contents are as follows.

In the event that the rate of payment specified in the disability classification table during the insurance coverage period of 10,000,000 of the General Security Injury (3-79%) in the General Security Injury, or the Supplementary Disability (3-79%) during the insurance period of 10,000,000, the amount of payment specified in the disability classification table shall be multiplied by the payment rate specified in the disability classification table as the insurance coverage amount, and where the amount of payment specified in the disability classification table during the insurance coverage period of II 10,000,000 remains as the amount of the general injury, the amount of payment determined in the disability classification table during the insurance coverage period of 10% or more, the amount of the insurance coverage of the special contract only once

B. On December 5, 2011, the Defendant was subject to the instant insurance accident described in attached Table 1 List 1 (hereinafter “instant accident”), and around January 16, 2014, filed a claim against the Plaintiff for the payment of insurance proceeds on the ground that the instant accident occurred due to the disability.

C. The provisions pertaining to the residual disability of the terms and conditions of the instant insurance contract (hereinafter “instant terms and conditions”) are as shown in attached Form 2.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 7, the purport of the whole pleadings

2. Summary of the parties' arguments

A. Due to the instant accident, the Defendant suffered a new boundary disorder equivalent to 45% of the payment rate of the residual disability, and a right-hand side and the left-hand side physical disability equivalent to 5% of the payment rate of the residual disability, respectively.

However, the defendant's right-hand and the left-hand timber exercise function is derived from new boundary obstacles, and the payment rate of 45%, the highest disability payment rate, should be applied.

Therefore, the Plaintiff shall pay the general injury income compensation fund (hereinafter “income compensation fund”) to the Defendant, if the payment rate of insurance money exceeds 50%.

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