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(영문) 서울중앙지방법원 2016.12.14 2016나39872

보험금

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. On February 10, 2014, the Plaintiff’s spouse B entered into an insurance contract with the Defendant for Samsung Bio-resources (hereinafter “instant insurance contract”) with the amount of the insured as KRW 10,000,000,000, the amount of the Plaintiff’s and the main insurance purchased.

B. The main contents of the insurance contract of this case are as indicated in the attached terms and conditions.

C. On April 22, 2014, the Plaintiff took a photograph for the examination of UA cancer at the National Assembly members in C, and the National Assembly members in the above internal department sent notice of the results of the examination of UAC, which is “the name of UAAC,” “the name of UAC,” “the name of UAC,” “the name of UAC,” “the name of UAC,” “the name of UAC,” and “the date of the determination.”

On May 7, 2014, the Plaintiff underwent the organizational inspection at the D Hospital on May 7, 2014. On May 9, 2014, the Plaintiff reported to the film department and I, a clinical doctor, the result of the organizational pathology diagnosis that the pattern discovered at the right sides of the Plaintiff’s right side is malicious.

E. On May 29, 2014, the Plaintiff’s medical doctor J, the principal physician of the above hospital, issued a medical certificate, “the right side cancer of the final diagnosis, both prone cancer, prone absence of the bank, high blood pressure,” and “the date of the diagnosis.”

[Ground of recognition] Evidence Nos. 1, 3, Eul Nos. 1, 3, and 4, the purport of the whole pleadings

2. Determination

A. According to the above facts, the day on which the Plaintiff’s diagnosis was determined as the U.S. cancer shall be May 9, 2014, where the result of organizational inspection was reported by the clinical pathology or clinical pathology specialist. This is before the expiration of 90 days from February 10, 2014, the date of the instant insurance contract, which is the starting date of guaranteeing cancer insurance, of the instant insurance contract, and thus, the Plaintiff’s claim for insurance money is without merit.

B. As to this, the Plaintiff shall be construed on May 29, 2014, which is the diagnosis date specified in the above diagnosis document, to be favorable to the customers pursuant to Article 5(2) of the Regulation of Standardized Contracts Act (the date of confirmation of the Plaintiff’s cancer diagnosis shall be the date of confirmation of cancer guarantee under the instant insurance contract), and (2).