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(영문) 서울중앙지방법원 2019.05.03 2018가단5153684

보험금

Text

1. The Defendant’s KRW 40,000,000 as well as its annual 6% from September 10, 2016 to April 12, 2019 to the Plaintiff.

Reasons

Facts of recognition

On February 10, 2014, when the Plaintiff entered into a “C” contract with the Defendant (hereinafter “instant insurance contract”), the insurance period is from February 10, 2014 to February 10, 2024; and the insured is respectively stipulated as the Plaintiff; and the content of the said contractual security includes the following:

After the commencement date of security 15,00,000 won security 15,000 won security for the purchase price of security (Renewal type) after the commencement date of security 15,00,000 won security for the diagnosis of cancer other than small cancer (Renewal type), the Plaintiff was diagnosed by D Hospital on August 18, 2016, as “non-cellary cell cancer cancer” which is a kind of pulmonary cancer after the commencement date of security 15,000 won security (Renewal type) security 10,000 won security after the commencement date of security 10,000 won security after the determination of the purchase price for cancer other than small cancer. < Amended by Presidential Decree No. 27477, Aug. 18, 2016>

In the instant insurance contract and the insurance terms and conditions included therein, the insurance money shall be paid within three business days from the date of receipt of the documents, where the diagnosis is determined as a closed cancer, and all cancer diagnosis allowances, other than small cancer, and specific cancer diagnosis allowances, and when the beneficiary claims insurance money with the required documents.

(Article 41 of the Terms and Conditions of Insurance). On September 6, 2016, the Plaintiff claimed insurance money to the Defendant, accompanied by the documents required under the instant insurance contract, but the Defendant rejected the payment.

[Grounds for recognition] In light of the facts without dispute, Gap 1, 2, 3, 10 evidence, Eul 1, and 4 evidence, the purport of the whole pleadings, and the purport of the plaintiff's argument, the defendant is obligated to pay the plaintiff the total amount of insurance money of KRW 40 million and damages for delay in accordance with the insurance contract and the insurance contract of this case.

Preliminaryly, if the defendant's obligation to pay insurance money is not recognized, E, the defendant's insurance solicitor, is the case.