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(영문) 대전고등법원 2016.11.03 2015나11296
채무부존재확인
Text

1. The judgment of the court of first instance is modified as follows.

Attached Form

With respect to the accidents described in paragraph 1 of the list:

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The facts under the basis of facts do not conflict between the parties, or may be acknowledged by taking account of the overall purport of the pleadings in each entry in Gap evidence 1 to 4 (including each number; hereinafter the same shall apply), Eul evidence 1 and 2.

On January 4, 2014, the Plaintiff concluded, as the insurer, the insurance contract indicated in attached Table 2-A (hereinafter “instant one insurance contract”) with the Defendant, and around December 11, 2008, the insurance contract listed in attached Table 2-B(b) (hereinafter “instant two insurance contract”) respectively.

B. The major coverage of each of the instant insurance contracts is as follows.

In the case that the remaining disability remains in less than 80% of the payment rate prescribed in the Disability Classification Table due to an injury that occurred in the basic contract (this case 1 insurance contract) 50 million won, the amount of insurance policy for the ten-year period shall be calculated as "admission amount 】 payment rate", and where the remaining disability remains in the payment rate of at least 50 million won as prescribed in the Disability Classification Table due to an injury that occurred in the relevant amount (the insurance contract in this case 1 insurance contract) 50 million won, if the remaining disability remains in the payment rate of less than 80% as prescribed in the Disability Classification Table as of the date of the accident (the 2 insurance contract in this case) of the basic contract (the 2 insurance contract in this case), if the remaining disability remains in the payment rate of less than 10 million won as of the date of the accident, the amount of insurance policy

다. 피고는 2012. 2. 10. 이 사건 사고를 당하여 발등 동맥의 손상, 발의 열상, 무릎의 열상, 비골 골절을 동반한 경골 몸통의 골절, 폐쇄성 무릎뼈 골절, 폐쇄성 경골의 골절 등의 상해를 입고, 2012. 2. 10.부터 2012. 9. 2.까지 순천향대학교 천안병원 등에서 입원치료를 받았다. 라.

Around 2013, the Defendant filed a claim against the Plaintiff for the payment of insurance proceeds on the ground that the instant accident occurred.

E. According to the terms and conditions of each of the instant insurance contracts, “ex post facto disability” refers to the injury inflicted by an accident and the injury was cured directly.

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