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(영문) 서울고등법원 2019.07.12 2016나2029041
채무부존재확인
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of appeal shall consist of a principal lawsuit and a counterclaim.

Reasons

1. Facts recognized;

A. On November 29, 2005, the Plaintiff entered into an insurance contract (hereinafter “instant insurance contract”) entered into between the net B and the attached Table No. 2 (hereinafter “instant insurance contract”).

B. Of the Plaintiff’s insurance clauses incorporated into the content of the instant insurance contract, the part relating to the instant case is as follows.

(F) From the following day, the company (general terms and conditions) has suffered bodily injury (excluding physical assistive equipment, such as doubt, doubt, bill, and bill; hereinafter the same shall apply) due to a sudden and incidental accident during the insurance period (hereinafter referred to as "accident") of the insured, the company is bound to compensate for the damage resulting from the injury (hereinafter referred to as "damage") in accordance with the terms and conditions.

§ 15 (Non-Compensation for Loss) The Company shall not pay compensation for any loss arising from the following causes:

5. An insured's disease;

7. The insurer’s pregnancy, childbirth (including king), miscarriage or surgery, and other medical care, but the insurer’s injury shall be guaranteed in the case of injury borne by the company.

Article 16 (Bodily Injury Nursing Expenses) If the insured is hospitalized in a hospital or clinic (including oriental medical hospitals or oriental medical clinics) by suffering from an injury caused by an accident as provided for in Article 14 (Damage to Compensation) during the insurance period, and receives medical treatment for at least 31 days, the company shall pay to the beneficiary the injury nursing expenses according to the period of hospitalization for one injury accident as follows:

61th day of hospitalization, 121th day of hospitalization, 50% of the purchase amount of insurance stated in the 91th day of hospitalization, 100% of the purchase amount of insurance stated in the 50% of the purchase amount of insurance stated in the 121st day of the 91th day of hospitalization, and 100% of the purchase amount of insurance stated in the 50th day of the 121st day of the 121st day of the 31st day of hospitalization.

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