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(영문) 서울남부지방법원 2019.09.20 2018나68474
보험금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On August 19, 199, the Plaintiff entered into a “C” contract with the Defendant (the maturity: August 19, 2019; hereinafter “instant insurance contract”).

B. The main contents of the terms of the instant insurance contract are as follows.

Article 11 of the General Insurance Terms and Conditions [1] The Company shall, after the date of commencement of liability, pay the beneficiary the insurance money agreed upon when any of the following causes occurs to the insured:

3. When the insured has a disability of Grades I through VI in the disability classification table among the disability classification table directly due to a traffic disaster, or when he/she has a disability of Grades I through VI in the disability classification table among the disability classification table due to a direct cause other than the traffic disaster prescribed in the disaster classification table: the payment of the rehabilitation treatment fund 【Attachment C disability Classification Table 6: 14.

1. Definition and evaluation criteria of obstacles;

(a) disability in the definition of disability means the state of damage to a permanent mental or physical body that remains due to a fixed symptoms, even though sufficiently treating the injury or disease caused by a disaster, not completely recovered; 21. The term “permanent” means the following cases:

If it is impracticable to expect any further defense in the future;

(b) Where it is impossible to determine whether the defense possibility exists in the future after the lapse of a specified period.

(c) there is a possibility of compatibility with the obstacles;

Cases where substantial period is required until the disability becomes final and conclusive;

C. The insurance policy of the instant insurance contract states that “if the insurance policy of the instant insurance contract obstructs 3 to 6 level, 39,000,000 won, and class 4 to class 6, the rehabilitation treatment fund of KRW 13,000,000 is paid.”

On February 20, 2016, while the Plaintiff was driving in the vicinity of Gangdong-gu Seoul Metropolitan Government D on February 20, 2016, the Plaintiff is the chief side of the Plaintiff’s driving car on the vehicle driven by the driver (E) who was driving.

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