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(영문) 서울북부지방법원 2016.04.01 2015나31535

보험금

Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid additionally shall be revoked.

Reasons

1. Basic facts

A. On August 5, 2009, the Plaintiff entered into an undividend 1 Lve Insurance Contract (hereinafter “instant contract”) with the Defendant, which contains the following terms and conditions, and subscribed to each of the following special terms and conditions for cancer diagnosis, cancer surgery expense security special terms and conditions, and the special terms and conditions for cancer hospitalization security (hereinafter “each of the instant special agreements”).

(A) The term of contract is the insured on July 14, 2009 to July 14, 2009 (100 years of age): the insured on July 14, 2009; and “beneficiary of Non-Death Insurance”; The beneficiary of Non-Death Insurance”; the insured on each of the instant special agreements of the Plaintiff (each subscription amount) is 100,000 won for cancer diagnostic expenses of KRW 100,000 for cancer hospitalization expenses of KRW 20,000 for cancer hospitalization expenses of KRW 3,00 (per day of exceeding 3 days) for cancer surgery expenses of KRW 3,00,000 for cancer hospitalization expenses of KRW 3,00 for each of the instant special agreements (the daily subscription amount per operation) are as shown in the attached sheet.

B. Around December 2013, the Plaintiff: (a) was found to have been infected with the Athyroid; (b) was hospitalized at the National University Hospital on February 4, 2014 for final diagnosis and surgery under the Athyroid cancer diagnosis (certificate); (c) was conducted on February 5, 2015; and (d) was conducted on February 5, 2015; and (e) was discovered that the said cancer was transferred to the Chyr when the said operation was performed; and (e) was carried out as a hyrosis.

C. On February 8, 2014, the Plaintiff discharged from the National University Hospital, and on February 13, 2014, after the surgery was completed, the Plaintiff issued a diagnosis to the Plaintiff that “Amarsung (C73 code) / head, face, and forest fryp of Ampins (C77 code)” was “Amarsung (C77 code).

The Plaintiff claimed KRW 23,20,000,000 for cancer diagnosis expenses, KRW 3,000 for cancer surgery expenses, and KRW 200,000 for cancer hospitalization expenses ( KRW 50,00 per day exceeding three days - 3 days) to the Defendant. However, the Defendant asserted that it is reasonable to deem the Plaintiff’s case as “Athythythy cancer,” and the Defendant refused to pay the insurance money, and applied for the adjustment of debt extension as of April 30, 2014, while refusing to pay the insurance money. < Amended by Act No. 123220, Apr. 28, 2014>