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(영문) 대전지방법원천안지원 2019.10.30 2017가단11588

보험금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The plaintiff is E's wife.

B. The Plaintiff entered into two insurance contracts with the Defendant as follows (hereinafter “each of the instant insurance contracts”).

Each insurance contract of this case includes an agreement on the payment of cerebrovascular examination allowances, stating that “The insured is diagnosed and confirmed as cerebrovascular during the insurance period, and the payment of cerebrscular diagnosis allowances is made at the expiration of two years from the contract date,” in the following cases: (a) Plaintiff 21,400 won G / E 20,000 won / Plaintiff 77,600 won / E 40,000 won on October 19, 2012: (b) the insured is diagnosed as cerebrscular during the insurance period; and (c) the insured is paid at the expiration of two years from the contract date.

C. E (hereinafter “the deceased”) was diagnosed with waste cancer at an I Hospital on September 2016 and received treatment from around September 5, 2016, and died on August 14, 2017.

【Reasons for Recognition】 Each entry in the evidence Nos. 1, 3, and 4 (including the number of branches), and the purport of the whole pleadings

2. The assertion and judgment

A. On June 2017, the Plaintiff’s assertion was diagnosed as “I618 other brain-resistant transfusion” in the Korean Standard Disease and Death Classification.

Therefore, under each of the instant insurance contracts, the Defendant is obligated to pay the sum total of KRW 60,000,000 for the cerebral Blood Examination Allowances and delay damages therefrom, based on the agreement on the payment of the cerebral Blood Examination Allowances.

B. According to each of the statements in Gap evidence Nos. 4, 11, and 12, the witness J’s testimony on March 8, 2019 and March 29, 2019 as stated in the judgment No. 1 diagnosis of the judgment No. 1 diagnosis of the deceased, the deceased, who was receiving treatment, complained of symptoms that it is difficult for the deceased to drive on the left-hand side of June 16, 2017 and was hospitalized in the I Hospital on the same day, and was subject to the brain RI test; ② the medical specialist of the film department reported the results of the brain RI test of the deceased on June 16, 2017, and expressed that the deceased’s brain cerebr was transferred to the brain of the deceased; ③ the pulmonary surgery of the deceased on his or her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her s