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(영문) 대구지방법원 상주지원 2018.02.13 2017가단6114
보험금
Text

1. The Defendant’s KRW 31,737,50 for the Plaintiff and KRW 6% per annum from April 30, 2016 to January 23, 2018.

Reasons

1. Basic facts

A. The Plaintiff and the Plaintiff’s wife C concluded an insurance contract with the Defendant with the following content.

- 아 래 - 상품명 보험기간 보험계약자 피보험자 및 보험수익자 담보내용 보험가입금액 D 2007. 12 31.∽ 2017. 12. 31. 원고 원고 일반상해사망 후유장애 50,000,000원 E 2010. 5. 28.∽ 2058. 5. 28. C 원고 일반상해사망 후유장애 100,000,000원 신주말교통상해사망후유장애 50,000,000원 F 2012. 9. 28.∽ 2042. 9. 28. 원고 원고 일반상해사망 후유장애 50,000,000원

B. Each of the above insurance is stipulated in the terms and conditions to pay insurance proceeds calculated by multiplying the amount of insurance coverage by the disability rate in the event that the Plaintiff suffers from an injury by less than 80%.

C. On May 22, 2015, at around 22:25, the Plaintiff was faced with the vehicle in front of H located in G while staying in a bicycle, and suffered the escape card of the conical signboard between the fifth and the first 1,00 (hereinafter referred to as the “conical signboard escape card”) and the right-hand pelter (hereinafter referred to as “afterwards”).

On January 6, 2016, the Plaintiff filed a claim with the Defendant for insurance proceeds of KRW 50,00,000 (total amount of insurance coverage = KRW 250,000,000 x 20%) calculated by calculating the disability rate suffered by the Plaintiff as 20%, but the Defendant paid KRW 12,50,000, which is calculated by calculating the Plaintiff’s disability rate as 5% on April 30, 2016, as insurance proceeds.

[Ground of recognition] Facts without dispute, Gap evidence 2 to 8, Eul evidence 1 to 3, the purport of the whole pleadings

2. The plaintiff asserts that the rate of disability suffered from the above accident should be calculated to 15%. In light of the plaintiff's king certificate, the defendant asserts that the plaintiff's disability is not caused by the above accident or that the disability rate is only 5% even if it is caused by the above accident.

3. We examine the judgment, and examine the results of the commission of physical appraisal to the president of the Gyeongbuk University Hospital in this Court. <1> The injury suffered by the Plaintiff.

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