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(영문) 서울남부지방법원 2013.08.30 2011가합13389
채무부존재확인
Text

1. In relation to the injury of the Defendant-Counterclaim Plaintiff that occurred on May 12, 2007, the Plaintiff (Counterclaim Defendant) to the Defendant-Counterclaim Plaintiff.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Article 14 (Damage to Compensation) (1) of the General Terms and Conditions for Basic Fact-Findings (Indemnification; hereinafter the same shall apply) (1) If an insured company (the defendant; hereinafter the same shall apply) has suffered bodily injury due to a sudden and incidental accident during the insurance period, such injury shall be compensated for in accordance with the said Terms and Conditions;

Article 17 (Insurance Money for Severe Disability) (2) In case the insured has suffered from injury caused by an accident as prescribed in Article 14, and has lost part of his body within two years from the date of the accident, or has lost its function permanently (hereinafter referred to as "aftermath disability") as a direct result, and the rate of payment of the disability classification table as prescribed in the subparagraphs of attached Table 1 (Disability Classification) to less than 80% of the disability (hereinafter referred to as "general disability") left, the company shall pay to the beneficiary an amount calculated by multiplying the insurance coverage amount by the payment rate as prescribed in the subparagraphs of attached Table 1 (Disability Classification).

(3) Notwithstanding paragraph (2), where the period of temporary disability or the period thereof is not less than five years even though a permanent fixed symptoms are not fixed, paragraph (2) shall be recognized as a subsequent disability and paragraph (2) shall be applied by calculating 20% of the rate of payment of the relevant disability as the rate of payment of the subsequent disability.

(4) If the rate of the payment of residual disability insurance proceeds under paragraphs (2) and (3) for the payment of the insurance proceeds for the remaining disability is not determined until 180 days have passed from the date on which the accident occurred, the rate of the payment of the remaining disability shall be determined as the rate of the payment of the remaining disability.

However, if the state of disability becomes worse during the period in which the disability is to be guaranteed thereafter, the rate of payment of the remaining disability shall be determined on the basis of the aggravated state of disability, and if the timing for the determination of disability is separately determined in the disability classification table, it shall be at the

(6) Two cases shall be involved in the same accident.

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