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(영문) 울산지방법원 2016.09.28 2016가단53236
보험금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On July 20, 2005, the Plaintiff entered into a “C Insurance Contract” contract with the Plaintiff, beneficiary, and heir, and the insurance period from July 2, 2005 to July 20, 2049 (hereinafter “instant insurance”).

B. On August 26, 2014, the Plaintiff suffered injury on the left-hand side of the pulvers lavers lavers laver, falling into the floor because the container room was cut off from the above vehicle for the cleaning of the vehicle. The Plaintiff sustained injury on the left-hand side of the pulvers lavers lavers lavers lavers laver (hereinafter “instant accident”).

In addition, on September 2, 2014, the D Hospital received sporesic sporesic sporesic sporesic and internal sporesic sporesic

C. Since then, a person was hospitalized in E Hospital due to the symptoms of the department of surgery and the official flag, and was subjected to the surgery to cut down knee on the left-hand knee on August 18, 2015 (hereinafter “instant surgery”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, purport of whole pleadings

2. Issues and determination of the instant case

A. The key issue is that the result of the instant surgery due to the instant accident falls under “when the Plaintiff loses at least the development of a bridge” under the disability classification table of the instant insurance terms and conditions, and its payment rate is 60%. The Defendant asserts that the Plaintiff is obliged to pay to the Plaintiff KRW 91,44,400, total sum of KRW 91,44,40,00 of the insurance proceeds of the instant insurance coverage, 6,000,000, 6,000, 6,000, and 50% or more of the injury after the injury or death under the instant insurance.

The defendant asserts that the defendant does not have any obligation to pay the remaining disability payment to the plaintiff any more than 60% of the payment rate since he received the payment rate after receiving the cutting-out on the left-hand side prior to the accident of this case.

B. Determination 1: The instant accident under the instant insurance terms constitutes “when the owner loses at least the title of one bridge”; and in this case, the Defendant provided that 60% of the amount of insurance coverage shall be paid. The dispute between the parties is between them.

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