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(영문) 의정부지방법원 2016.12.07 2015가합55059
채무부존재확인
Text

1. The plaintiff is based on each insurance contract described in paragraph 1 of the attached Table with respect to the accident described in paragraph 2 of the attached Table.

Reasons

1. Basic facts

A. On November 29, 2011, the Plaintiff concluded two insurance contracts with the Defendant as shown in attached Table 1 (hereinafter “each of the instant insurance contracts”) respectively.

B. The general terms and conditions of each of the instant insurance contracts are as follows.

Article 17 (Types and Grounds for Payment of Insurance Money) The Company shall pay the insurance money agreed upon to the beneficiary (beneficiary) if any of the following events occurs to the insured (beneficiary) as follows:

(1) Injury during the insurance period (excluding physical assistive equipment, such as artificial organs, artificial arms, artificial limbs, and artificial arms, but including bodily transplantation of a body, such as artificial organs or parts, which takes place during the insurance period, in lieu of its function, due to an accident that may result in a sudden and incidental outpatients during the insurance period.

(i) If the disability payment rate as specified in Schedule I (Disability Classification) of Schedule I as an injury suffered, becomes a disability equivalent to or greater than 80 per cent, the full amount of the insurance coverage amount shall be paid to the beneficiary (person receiving the insurance) as an insurance benefit for advanced disability.

(2) If the rate of disability payment prescribed in attached Table 1 (Classification of Disability) due to an injury during the insurance period becomes a disability equivalent to less than 80%, the amount calculated by multiplying the payment rate prescribed in attached Table 1 (Classification of Disability) by the insurance amount covered by the insurance amount shall be paid as the insurance proceeds for general disability.

Article 18 (Detailed Provisions concerning Payment of Insurance Money) (1) Notwithstanding Article 17 (Types of and Grounds for Payment of Insurance Money), with respect to any temporarily fixed symptoms after the completion of treatment, if the period is at least five years, 20% of the rate of disability payment shall be the rate of disability payment, and Article 17 (Types of and Grounds for Payment of Insurance Money) shall be applied.

Attached Table 1 Disability Classification Table

I. IN GENERAL.

1. Definition 1 of the Disability means in respect of an injury or disease.

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