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(영문) 광주지방법원 2015.07.17 2013가합7624

채무부존재확인

Text

1. The Defendant (Counterclaim Plaintiff)’s act-type in the workplace at the B Hospital on February 20, 2013 or his newborn disease.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. 1) The Plaintiff entered into an insurance contract between the Defendant and the Defendant, as shown in the attached Form, shall be deemed as having entered into a mutual aid agreement between the Plaintiff and the Defendant on July 12, 2003, and as having entered into a mutual aid agreement between the Defendant on June 23, 2009 (hereinafter “each of the instant insurance contracts”).

2) Of the terms and conditions of “the today’s Health Promotion Mutual Aid” concluded on July 12, 2003 by the Plaintiff and the Defendant, the contents relating to the instant case are as follows.

Article 12 (Definition and Confirmation of Diseases) (1) The term "diseases" in this Agreement means cancer, thalpha cancer, 5 high-risk diseases and other diseases, which:

1. “Cr.m.” means the disease (see Schedule 4) classified as malicious life (as shown in Schedule 4) in the Korea Standard Disease Classification.

However, it is excluded from the above classification.

2. The term “orthoam cancer” means the disease (see Schedule 5) classified as a new life in the upper half of the disease classification as the Korean Standard Disease Death Classification.

② 암의 진단확정은 해부병리 또는 임상병리의 전문의사 자격증을 가진 자에 의하여 내려져야 하며, 이 진단은 조직(fixed tissue)검사, 미세침흡입검사(fine needle aspiration biospy) 또는 혈액(hemac system)검사에 대한 현미경 소견을 기초로 하여야 합니다.

However, if it is not possible to conduct the above pathological diagnosis, the clinical diagnosis of cancer is admitted as evidence of cancer.

In this case, I shall have documentary evidence or records proving that the beneficiary is receiving the diagnosis or treatment by cancer.

[Attachment 4] The classification of the name of disease subject to the classification of malicious organisms / [Attachment 4]

2. The diseases classified as malicious organisms in the Korean Standard Disease Classification which is based on the terms and conditions C15 - C26, shall be publicly notified by the Statistics Korea Statistical Office for the Third Standard Disease Death Classification. < Amended by Presidential Decree No. 14454, Mar. 193>