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(영문) 서울중앙지방법원 2016.04.20 2013가합565819
채무부존재확인
Text

1. With respect to the accidents described in paragraph 1 of the Schedule, time-limit for the insurance contract described in paragraph 2 of the Schedule.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On November 29, 2005, the Plaintiff and the Defendant entered into an insurance contract in the attached Table No. 2 (hereinafter “instant insurance contract”) with the content that, between November 29, 2005 and November 29, 2020, when the Defendant suffered bodily injury due to a sudden and unexpected accident during the insurance period, the Plaintiff would compensate for such injury.

B. The relevant provisions of the insurance clauses applicable to the instant insurance contract are as follows.

(hereinafter “instant Terms and Conditions.” Article 14 (Compensation for Damages) of the General Terms and Conditions provides that, when the insured suffers bodily injury (excluding physical assistance equipment, such as water, clothing, bill, doctor’s duty, etc.) due to an accident that happens rapidly and rapidly during the insurance period, the insured shall be compensated for the damage resulting from the injury in accordance with this Terms and Conditions.

§ 15 (Non-Compensation for Loss) The Company shall not pay compensation for any loss arising from the following causes:

7. The insurer’s pregnancy, childbirth (including king), miscarriage or surgery, and other medical care, but the insurer’s injury shall be guaranteed in the case of injury borne by the company.

Article 16 (Bodily Injury and Disease Expenses) The Company shall pay to the beneficiary the following injury and disease expenses according to the duration of hospitalization for one injury when the insured has suffered from injury during the insurance period and received treatment by being hospitalized for at least 31 days in a hospital or a member of a Council due to an accident provided for in Article 14:

61th day of hospitalization 61th day of hospitalization, 50% of the purchase amount of insurance stated in the 50% of the purchase amount of insurance stated in the 91th day of hospitalization, 100% of the purchase amount of insurance stated in the 50% of the purchase amount of insurance stated in the 121st day of hospitalization.

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