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(영문) 광주지방법원순천지원 2016.06.16 2014가합13885

채무부존재확인

Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Plaintiff (Counterclaim Defendant) is KRW 10,000,000,000 against the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On October 6, 2008, the Defendant entered into a “frist’s health insurance contract” contract with the Plaintiff, a stock company operating the insurance business, etc. (hereinafter “instant insurance contract”). Among them, the Defendant’s payment of diagnosis expenses equivalent to the purchase amount of insurance (20 million won) where the Defendant was diagnosed during the stroke as stipulated in the said contract.

B. From August 18, 2014, to September 5, 2014, the Defendant was hospitalized at B Hospital, and was diagnosed by both wooden maloper secte (I65.2) through a scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopics (I65.2). On September 19, 2014, the Defendant claimed the Plaintiff

C. Among the instant insurance contracts, the main contents relating to the payment of diagnosis expenses are as follows.

[Ordinary Terms and Conditions] Article 8 (Payment Procedure for Insurance Money) (1) Upon receipt of the documents provided for in Article 7 (Claims for Insurance Money), the Company shall have a certificate of receipt, send it to cellular phone text messages or by electronic mail, and pay the insurance money within three business days from the date of receipt of the documents.

[Special Terms and Conditions on the Guarantee of Medical Expenses for Adstrokes] Article 1 (Grounds for Payment of Insurance Money) ① Where the insured becomes subject to diagnosis during the insurance period of this Special Terms and Conditions, the company will pay the insurance amount of this Special Terms and Conditions to the beneficiary only once for the first time.

(2) The diagnosis and confirmation of a stroke disease shall be conducted by a person with a certificate of qualification for a domestic hospital prescribed in Article 3 (Medical Institutions) of the Medical Service Act or a medical institution abroad recognized by a company equivalent thereto, and such diagnosis shall be conducted by a person with a certificate of qualification for a medical institution abroad (excluding dentists), and these diagnosis shall be conducted with a medical history, a computerized single-story photography, a nuclear self-strokeic image method, a cerebrovascular stroke, and both-electronics.