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(영문) 광주지방법원 2020.01.23 2019나58116

보험금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the court of first instance.

Reasons

Basic Facts

On May 2, 2006, the Plaintiff concluded an insurance contract with the Defendant, an insurance company, as follows (hereinafter “instant insurance contract”).

Product Name: D Policy Number: D policyholder and beneficiary: The insurance contract of the Plaintiff in the instant case contains two major diseases treatment special agreements (hereinafter “instant special agreement”) as follows:

The grounds for the payment of the instant special agreement: (a) on May 2, 203, 200, KRW 100,000 for the insurance premium for the insurance period for which the subscription amount under the instant special agreement was due: (b) there is no dispute over the payment of KRW 10,00,00 at the time of diagnosis and confirmation (at each first first first time) due to any one of the acute or cerebral blood transfusions; (c) on May 17, 2016, the written evidence No. 2; (d) assertion of the purport of the oral argument; and (e) the Plaintiff’s assertion on May 17, 2016, the Defendant is obligated to pay KRW 10,00,000 for insurance money under the instant special agreement and delay damages therefrom.

Judgment

According to the statement of evidence No. 3, the plaintiff was hospitalized into E Hospital on April 29, 2016, and was hospitalized into the E Hospital on 2016. As a result, it is recognized that the plaintiff was diagnosed as a light-to-presidential blood (or non-presidential blood).

However, in full view of the following circumstances, comprehensively taking account of the descriptions Nos. 1, 2, and 4 (including paper numbers) and the purport of the entire pleadings as a result of the first instance court’s appraisal commission to the president of the F Association of the F Association, the above facts of recognition alone cannot be deemed to have been diagnosed as having been subject to the diagnosis of cerebrovascular, which is the cause for paying insurance money under the instant special agreement

① On March 30, 2016, the Plaintiff was diagnosed of cerebral tensions which were not infected by the Jeonnam University Hospital. On March 31, 2016, the Plaintiff received an electric traffic dynamics and post-traffic dynamics to the right side. On March 31, 2016, the Plaintiff ordinarily performed the operation.