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(영문) 서울중앙지방법원 2016.04.20 2015나40837
채무부존재확인
Text

1. The judgment of the first instance, including the Defendant-Counterclaim Plaintiff’s counterclaim claim expanded from the trial, is as follows.

Reasons

A principal lawsuit or counterclaim shall be deemed to be a same.

1. Facts of recognition;

A. On August 27, 2013, the Plaintiff and the Defendant’s mother B concluded an overseas student insurance contract (hereinafter “instant insurance contract”) with “the insured, the period from August 28, 2013 to August 27, 2014, the insured, the amount of overseas injury medical expenses to KRW 30 million, insurance premium of KRW 265,150” (hereinafter “instant insurance contract”).

B. Of the instant insurance contract, the content of the terms and conditions of indemnity medical expenses is as follows.

- This special terms and conditions have the capacity to compensate insurance companies for medical expenses incurred by injury or disease of the insured during overseas travel.

-Article 1: Injury medical expenses shall be compensated when medical expenses are incurred by an overseas medical institution due to an injury inflicted by the insured while traveling abroad. Disease medical expenses shall be compensated when medical expenses are incurred by an overseas medical institution due to a disease in the course of traveling abroad. - Article 3: Matters to be compensated are:

(1) Injury medical expenses: The company is bound to compensate for the total amount of the medical expenses actually borne by the insured to the extent of the amount of insurance coverage when the insured suffered injury while traveling abroad as stated in the insurance policy, and the insured received medical treatment from a medical institution abroad.

C. The Defendant sustained injury on March 1, 2014 while studying in the United States and received treatment at a university hospital of the United States pentisian in the United States.

(hereinafter “instant accident.” The Defendant was to bear USD 20,990 in total for medical expenses due to the instant accident, and among them, USD 20,389.74 in the remainder, excluding USD 600.26 in the Defendant’s self-charge, was paid as the student insurance amount of the U.S. university.

On April 29, 2014, the Defendant filed a claim with the Plaintiff for the full amount of USD 20,990 for medical expenses incurred by the instant accident, but the Plaintiff paid only USD 600.26 out of the above amount as insurance money and paid the remainder of USD 20,389.74 as the student insurance money of the U.S. university.

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