(영문) 서울서부지방법원 2018.02.21 2017가단208747

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(영문) 서울서부지방법원 2018.02.21 2017가단208747

채무부존재확인

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1. The claim of this case is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff, a company running non-life insurance business, etc., concluded an insurance contract with the Korean medical society as follows (hereinafter “instant insurance contract”).

The name of goods: Securities number of doctor's and hospital liability insurance policy: The insured period of the Korean Medical Association: from August 23, 2012 to August 23, 2013: The details of security: the maximum amount of compensation for medical malpractice: the maximum amount of compensation for medical malpractice: The gross amount of 100,000,000 won (1,00,000 won per claim): 2,00,000 won;

B. The insurance policy based on the instant insurance contract also includes the terms and conditions applicable to the instant insurance contract, stating “the general terms and conditions of doctor and hospital liability insurance, the special terms and conditions of joint acceptance, the special terms and conditions of day-to-day mistake, A.S and Hepathis burden, the special terms and conditions of designation of the insured, and the special terms and conditions of exemption from war and terrorism.”

(c) Item I of "general terms and conditions" among the table of doctor and hospital liability insurance (Evidence 5 No. 1 of A) (the cover 5)

Ⅱ A security clause for liability for medical malpractice

Ⅲ The general liability security clause is covered by the term “special terms and conditions” and under the bottom of the term “special terms and conditions,” the term “1. Proceedings and hospital liability insurance special terms and conditions,” and the relevant contents are as follows:

Ⅱ The accidents referred to in Article 48(accident) of the General Provisions covered by the Company in this Section as a security clause for liability for medical malpractice, and the accidents referred to in Article 10(Damages) of the General Provisions covered by the Company, mean medical accidents arising from the injury of another person (hereinafter referred to as “physical disability”) by negligence in connection with the medical practice performed by the Insured.

Article 49 (Damage Not Paid) In addition to Article XII (Compensation for Damages) of the General Provisions, the Company shall not compensate for the following liability:

1. A license or authorization; or

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