beta
(영문) 창원지방법원마산지원 2015.06.26 2015가단864

채무부존재확인

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 19, 2008, the Plaintiff entered into an agreement on non-dividend agreement with the Defendant and the Defendant’s insured (hereinafter “instant insurance”).

The Defendant subscribed to the instant insurance contract E (the purchase price of KRW 10 million). The main contents of the cancer diagnosis expenses IV E Special Clause (hereinafter referred to as the “instant Special Clause”) include 100% of the purchase amount of the insurance under the special contract as general cancer diagnosis expenses, and 50% of the purchase amount of the special contract as the purchase amount of the sampling cancer diagnosis expenses.

1. A loss (1) The Company shall guarantee the insured under this Special Terms and Conditions if the diagnosis of the insured is finalized after the date of commencement of coverage of this Special Terms and Conditions (hereinafter referred to as the “Insurance Terms and Conditions”).

2. The definitions and diagnosis confirmation (1) of “Cham”, “other skin cancer”, and “Apam” mean diseases (refer to attached Table 5) classified as malicious organisms in the 5th Standard Disease Classification.

However, it excludes diseases falling under the term of "Pregrant" and "C44 and C73".

(2) In this Agreement, the term “other skin cancer” means the classification number C44 (Attached Table 5 and other malicious life in part) of the Materna Classification Table.

(3) In this Agreement, the term “Apyptam” means a disease corresponding to the classification number C73 (Attached Table 5 and other malicious life in part) of the Aprypta Classification Table.

3. The definitions of “inbound cancer” and the growth of diagnosis finalized contents;

4. 100% of the amount of insurance covered by a special agreement on the cancer diagnosis cost, which is the amount to be paid by omitting the definition and diagnosis confirmation of the “nurical species”;

5. 20% of the purchase amount of insurance under a special contract for cancer diagnosis expenses paid according to the classification of cancer diagnosis expenses.