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(영문) 전주지방법원 2019.05.09 2018나8371

보험에관한 소송

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 first instance court.

Reasons

1. Grounds for this part of the judgment of the court of first instance are stated by the court.2.b. judgment of the court of first instance.

2) Paragraph (1) (Article 9, No. 2, No. 10, No. 2, and No. 10) is identical to the grounds for the first instance judgment except for the following changes. As such, the main text of Article 420 of the Civil Procedure Act is cited as it is. 2) Continuous contract is based on mutual trust between the parties. If the trust relationship, which forms the basis of the contract, is destroyed due to a party’s breach of contractual obligations or any other wrongful act during the duration of the contract, has reached the degree that it is difficult to maintain the contractual relationship as it is, then, the other party may terminate the contractual relationship and terminate its effect in the future.

(See Supreme Court Decision 2010Da48165 Decided October 14, 2010). In addition, in cases where continuous observation of a medical personnel is required in relation to side effects or incidental effects of drugs, which are very low in the resistance power of the patient of a disease or are administered by him/her, where the management of the patient’s food and drink is necessary, where the management of the patient’s food and beverage needs to be continuously conducted, and where the patient’s pains rather inconvenience in treatment, the patient is under medical treatment while staying in the hospital, such as where the patient’s condition is unable to cope with the patient’s disease or where the risk of infection exists.

Whether hospitalization is necessary shall be determined by comprehensively considering the symptoms of the patient, the details and circumstances of the diagnosis and treatment, the patient's behavior, etc.

(See Supreme Court Decision 2014Do5903 Decided March 15, 2017). (b) According to the evidence No. 6’s statement, AL respondeds to the Defendant’s opinion that the appropriate number of days of hospitalization is only 57 days during the Defendant’s hospitalization period.

However, as a result of the order to submit each document to the hospital of the court of first instance, the Twon, I Hospital, E Hospital, and the court of first instance.