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(영문) 인천지방법원 2017.02.03 2015가단215464
채무부존재확인
Text

1. Pursuant to each insurance contract listed in Appendix II with respect to the insured events listed in Appendix I.

Reasons

1. Facts recognized;

A. The Plaintiff concluded each of the instant insurance contracts with the Defendant.

B. On April 10, 2014, the Defendant received the diagnosis of the escape certificate of a protruding signboard (No. 5, No. 1, respectively) due to the instant insurance accident, and filed a claim for the insurance benefit of a pro rata disability under each of the instant insurance contracts with the Plaintiff on December 15, 2014.

C. Of the insurance terms and conditions of each of the instant insurance contracts, the parts relating to the instant case are as follows.

(1) General disability insurance money under Article 16 (Disability Insurance Money) common to each of the insurance contracts in this case: If the insured was injured by an accident as provided in Article 13 (Compensation for Damages) and the injury was cured, and the company, as a direct result, has lost its body part within two years from the date of the accident, or has lost its function permanently, and there was a disability whose rate of payment under the attached Table 1 (Disability Classification) is less than 80%, the company shall pay to the beneficiary an amount calculated by multiplying the insurance amount by the payment rate as provided in the attached Table 1 (Disability 1).

(2) Notwithstanding Article 17 (2), Article 18 (3) and (2) of the Terms and Conditions of the Second Insurance Contract, if the disability appears temporarily after the completion of treatment or the period thereof is not less than five years, the disability shall be deemed the disability and the rate of payment of the disability shall be 20% and the provisions of paragraphs (1) and (2) shall be applied.

(Article 18 and Article 19 of the Terms and Conditions of the 2 Insurance Contract) If a state of residual disability under paragraph 8 of the 2 Insurance Contract has already occurred to an insured who had a disability that falls under any of the following subparagraphs on the same part of the body, the insurance proceeds for residual disability shall be considered to have been paid in either of the following cases, and the insurance proceeds for residual disability shall be considered to have already been paid in the case of the insurance proceeds for residual disability corresponding to the condition of the final disability.

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