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(영문) 서울중앙지방법원 2019.10.10 2017가합571645
채무부존재확인
Text

1. As to the accident described in attached Form 1, the plaintiff against the defendant based on the insurance contract mentioned in attached Form 2.

Reasons

Basic Facts

On December 19, 2006, the Defendant entered into an insurance contract with the Plaintiff, which is an insurance company, as shown in the attached Form 2 (hereinafter “instant insurance contract”) with the insured C, the insurance period from December 19, 2006 to December 19, 2034, the beneficiary of death, legal heir, beneficiary and other beneficiaries, and the Defendant. The terms and conditions applicable to the said insurance contract are as follows.

D Terms and Conditions Section 2, Section 13 (Compensation for Damages) of the Long-Term Loss Insurance Co., Ltd. (hereinafter referred to as "accident"), if the insured has suffered bodily injury (excluding personal injury, personal injury, bill, bill, and bill; hereinafter the same shall apply) due to a sudden and incidental accident (hereinafter referred to as "accident") during the insurance period, the company shall compensate for the damage resulting from the injury (hereinafter referred to as "damage") in accordance with this Chapter 1 (General Provisions) and this Agreement.

Article 14 (Compensation for Non-Compensation) (1) The Company shall not pay compensation for any loss arising from the following causes:

5. The insured's disease insurance proceeds for advanced disability: If the insured suffers from injury during the insurance period as provided for in Article 13 (Damage to Compensation), and the insured loses part of his body within two years from the date of the accident as a direct result after recovering the injury, or his/her function has been permanently lost (hereinafter referred to as "ex post facto disability"), and the payment rate specified in the Disability Classification (Attached Table 1; hereinafter the same shall apply) corresponds to not less than 80% of the disability (hereinafter referred to as "ex post facto disability"), the insured amount specified in the insurance policy (insurance Policy) will be paid to the beneficiary as the insurance proceeds for advanced disability under this special agreement.

(2) An insurance proceeds from a general disability: A company shall suffering from an injury caused by an accident provided for in Article 13 during the insurance period, and directly result in such injury within two years from the date of the accident.

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