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(영문) 서울동부지방법원 2019.05.14 2016가단125805
채무부존재확인
Text

1. The plaintiff is based on the insurance contract stated in the attached Table No. 2 with respect to the accident described in the attached Table No. 1.

Reasons

1. Basic facts

A. 1) The Plaintiff and the Defendant concluded an insurance contract between the Defendant and the Defendant in attached Table 2 (hereinafter “instant insurance”).

2) According to the insurance contract of this case, if the result of the direct result of the injury suffered by the Defendant while on board the bicycle during the insurance period of this case, which was caused by a sudden and remote accident, constitutes a disability payment rate as stipulated in the disability classification table (attached Table 1 of the insurance clause of this case), the Plaintiff should pay the Defendant the insurance proceeds for the injury resulting from the traffic injury (the payment rate x the insurance amount 200 million won).

3) According to the disability classification table under the insurance policy of this case, the term “ disability” means the case where it is medically recognized that the body remains after treatment, i.e., a permanent state that has no possibility to recover in the future. However, with respect to a temporary disability after treatment, where the period is at least five years, the amount calculated by multiplying the rate of disability payment by 20% shall be paid. 4) According to the above classification table, the disability of the shoulder-saving function shall be assessed to be limited to the scope of the shoulder-out movement. However, when the scope of the shoulder-out movement is measured in accordance with C’s “Guidelines for the Evaluation of Permanent Physical Disability”, the disability payment rate is 10%, and 3/4 or less, if the sum of the exercise scope is limited to less than 1/2 of the normal exercise scope (total 640 degrees), the disability payment rate is 5%.

B. On April 5, 2016, the Defendant filed a claim against the Plaintiff for the insurance proceeds of traffic injury injury, the amount of insurance proceeds of KRW 20 million (20 million x 10% disability payment rate) on the ground that “the Defendant suffered injury to the right shoulder part of the shoulder door due to the instant accident, and became a disability corresponding to the disability payment rate of 10% as a result of the instant accident.”

[Evidence] Facts without dispute, Gap evidence 1 to 3-3, and Eul evidence 4;

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