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(영문) 대구지방법원 2015.02.06 2014가합202503
채무부존재확인
Text

The plaintiff's insurance contracts related to each accident listed in the attached Table 2 list against the defendant are listed in each insurance contract.

Reasons

1. Basic facts

A. The Plaintiff concluding an insurance contract is a corporation that runs the insurance business.

On August 19, 2008, the Defendant entered into a 365-year-old insurance contract (hereinafter “No. 1 insurance contract”) with the Plaintiff as indicated in No. 1 List No. 1 attached hereto, and pursuant to the automatic renewal agreement after the expiration of the insurance period of the first insurance contract, the 365 years-old insurance contract (hereinafter “No. 2 insurance contract”) was renewed on August 19, 201 in the same content as indicated in No. 1 List No. 2 attached hereto. 1.

(b)The coverages 1 and 2 insurance contracts 1, and 2 insurance contracts :

【Credit Protection Franchise】

1. In cases of bodily injury, death and disability by not less than 50%: Death or disability by general injury, by not less than 50%, 50 million won (income security franchise);

1. Death insurance proceeds: 150 million won when the person dies due to an ordinary injury;

2. Income compensation (payment for the ten-year period each month): At least 50% of the general injury, and at least 3 million won in the event of a disability from the ordinary injury;

C. Article 11(1) and Article 14(1)2 of the General Terms and Conditions of Insurance Contract No. 1 and Article 2 of the General Terms and Conditions of Insurance Contract No. 50% or more shall be paid in cases where the payment rate specified in the Disability Classification Table is more than 50%. Article 1(1) of the General Terms and Conditions of Insurance Contract No. 1 and Article 2(1) provides that an income compensation shall be paid in cases where the payment rate prescribed in the Disability Classification Table exceeds 50%.

In addition, Article 11(6) of the General Insurance Contract Clause and Article 15(7) of the General Insurance Contract Clause (hereinafter “instant General Insurance Contract Clause”) of the 1st Insurance Contract Clause provide that “If the disability of the latter is caused two or more times due to another injury, it shall be determined at the rate of disability payment corresponding thereto every time.” Article 2 of the General Insurance Contract Clause of the 1 and 2nd Insurance Contract provides that “Any matter not specified in this Special Contract shall be at the risk of complying with the General Insurance Contract Clause.”

[Ground of recognition] The fact that there is no dispute, Gap 1 and 2 respectively, and 1 and 2.

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