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(영문) 인천지방법원 2015.07.14 2015가합51148
채무부존재확인
Text

1. The defendant is at least 50% of a disease due to an accident described in paragraph 2 of the attached Table based on the insurance contract listed in the attached Table No. 1.

Reasons

1. Basic facts

A. On June 12, 2013, the Plaintiff entered into a “accident insurance contract with the Defendant (hereinafter “instant insurance contract”) with the following content.”

- The insurance contract of this case - The prime insured, the beneficiary: The insured period from June 12, 2013 to June 12, 2065: The insured amount: 400 million won of the subscription amount of the injury, death, or disability (the maturity of 100 to June 12, 206: 50 million won of the subscription amount of the injury, death, or disability (the maturity of 100 years of age): the insured amount of 50 million won of the after-age disability (the maturity of 100 years of age) with the subscription amount of at least 80% of the 100,000 won of the KRW 50% of the after-age pension II (the maturity of 80 years of age): the subscription amount of KRW 1

B. The contents of the instant special terms and conditions related to the instant case among the disability pension II (10 years each year) with a disease of 50% or more of the instant insurance contract (hereinafter “instant special terms and conditions”), are as follows.

- The instant special terms and conditions -

7. Article 1 (Types and Grounds for Payment of Insurance Money) of the Special Terms and Conditions for Disability Pension II with a disease of 50% or more (10 years a year), if the insured (persons subject to insurance) becomes a disability equivalent to disability payment rate of at least 50% specified in the Disability Classification Table (attached Table 1; hereinafter the same shall apply) of the diseases diagnosed during the insurance period of this Special Terms and Conditions, the insurance amount of this Special Terms and Conditions listed in the Insurance Policy (Insurance Policy) shall be paid to the beneficiary (persons who receive the insurance money) with a disability pension with a disease of at least 50% on the day when the cause for payment of insurance money occurs every ten years from the date when the cause for payment of insurance money occurs, for the first ten years from the date when the cause for payment of insurance money occurs.

Provided, That the payment of insurance money shall be fixed at 10 times.

[Attachment Table 12] Disability Classification 12. Disability of chest organs and parthenogenesis

(a) When he/she has left a part of the classification of his/her disability 2 chest organs or parthenogenesissis: 50% of the payment rate;

B. The criteria for determining disabilities are 2 "when they have a significant obstacle to chest organs or parthenogenesis" (3).

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