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(영문) 서울서부지방법원 2020.04.23 2019나40670

보험금

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. The parties' assertion

A. On February 22, 2016, the Plaintiff concluded an insurance contract with the Defendant for the insurance period from February 22, 2016 to February 22, 2051, which is the name of the goods, and paid the insurance premium.

On September 7, 2017, the Plaintiff was diagnosed with pulmonary cancer with the name of 'explosion' and the Korean Standard Disease Classification Number C34.99', which constitutes an insured incident stipulated in the above insurance contract.

Therefore, the defendant shall pay to the plaintiff the insurance money of KRW 30 million under the above insurance contract (the insurance money of KRW 20 million under the basic contract) and damages for delay for the insurance money of KRW 10 million (the insurance money of KRW 20 million under the choice contract).

B. The insurance contract that the Plaintiff joined is distinguished from the case where the Plaintiff was diagnosed as “malinio (malinio cancer)” and the case where the Plaintiff was diagnosed as “malinio cancer,” and the case where the diagnosis is finalized as “malinio cancer,” unlike the case of “malinio (malinio cancer) cancer, the insurance amount equivalent to 10%

The Plaintiff’s name of diagnosis of the disease constitutes “place cancer,” and the Defendant fulfilled the duty to explain the content of the above insurance contract differentiated from the payment of insurance proceeds according to the name of diagnosis, and thus, the Plaintiff’s claim for insurance proceeds premised on the premise that the Plaintiff was diagnosed as “malinal life (mark).

2. Determination

A. On February 22, 2016, the Plaintiff concluded an insurance contract (hereinafter “instant insurance contract”) between the Defendant and the product name C, and the insurance period from February 22, 2016 to February 22, 2051.

The relevant contents of the coverage of the instant insurance contract are as follows.

Guarantee Name: 30% of the subscription amount for a basic contract: 20 million won: The subscription amount shall be paid only once for the first time when the diagnosis is finalized by cancer after the date of commencing cancer security, 30% of the subscription amount shall be paid only once for the first time when the diagnosis is finalized by cancer related to the short time cancer or the reproductive cancer, and occupation cancer, other skin cancer, border-type cancer, and the upper time cancer.