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(영문) 서울중앙지방법원 2019.04.18 2016가합555165

채무부존재확인

Text

1. The Plaintiff (Counterclaim Defendant) is fully paid KRW 82,00,000 to the Defendant (Counterclaim Plaintiff) and its amount from November 29, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. 1) The Defendant’s mother, on February 23, 2015, concluded an insurance contract between the Plaintiff and the Plaintiff on February 23, 2015, with the Defendant, who was 11 years of age between the Plaintiff and the Plaintiff, as the insured and the beneficiary, as indicated in Annex 1 List 2 (hereinafter “instant insurance contract

A) The content of the instant insurance contract relating to the instant case is as listed below. Of the insurance coverage period for cancer diagnosis expenses, 100% (Provided, That the first one payment) of the purchase amount of the insurance amount of KRW 50 million at the time of diagnosis and determination of the purchase amount of KRW 50,000 of the purchase amount of the purchase of the insurance amount of KRW 50,000 (the first one payment) under the Cancer Act was determined as the 5th high-amount treatment expenses during the insurance period of the diagnosis and determination of the diagnosis of the purchase amount of the purchase of the insurance amount of KRW 30,000,000,000 when the diagnosis was made as the 30,000 won high-amount treatment expenses for radiation and drugs treatment of KRW 2,00,000 during the insurance period of the 30

1. Within the last three months, the following medical treatments have been conducted by a doctor through a medical examination or examination, including the operation for the determination of a disease, the operation for the treatment of the cardiopulmonary disease, the medication of a hospitalization (including a king), or the medical examination for the diagnosis, and refers to the case where a medical doctor issues a medical certificate or a medical opinion:

3. During the last one year, D responded to the fact that he was subject to an additional examination (re-examination) by a doctor through a medical examination or examination, D responded to the following questions among “all obligation to notify prior to the contract” in the written offer.

3) D received notice from E on February 23, 2015 to pay premiums by text message, and transferred KRW 51,170 to the Plaintiff at around 15:25 of the same day the same day. (iv) The major contents of the instant insurance contract are as shown in Appendix 2.

B. On February 22, 2015, the Defendant complained against the Defendant for the details of the examination and treatment of the symptoms of increase in the fluence of the fluenium.