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(영문) 수원지방법원 2019.10.17 2018가단560605

채무부존재확인

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts are acknowledged to the effect that there is no dispute or the entire pleadings, in addition to each macro- documentary evidence.

On February 5, 2013, the Plaintiff, an insurance company, concluded an insurance contract listed in attached Table 1 (hereinafter “instant insurance contract”) with the Defendant.

[1] Article 2 (Contents of Special Immunity) ① The company shall not pay insurance money if any cause for the payment of insurance money under the contract occurs due to the transfer of a disease or a disease that has occurred on the part other than the specific part of the company, which occurred on the part designated by the company (hereinafter referred to as “specific part”) during the period of exemption provided for in this Special Clause, due to the disease or the transfer of a disease that occurs on the part of the specific part of the company.

(2) The period of exemption under paragraph (1) shall be "five years from one year to five years" or "insurance period of a contract" depending on the state of a specific father or a specific disease, and the criteria for such exemption shall be determined at the risk of complying with the standard

However, it may be applied differently according to the doctor's opinion on the state, etc. of each disease.

(3) Notwithstanding paragraph (2), where there is no additional diagnosis (excluding simple health examinations) or treatment due to a specific part or a specific disease “for the period of five years after the date of subscription for an insurance contract,” the company shall pay the insurance money if any cause for the payment of insurance money under the contract occurs after the lapse of five years from the date of subscription for the insurance contract.

Upon entering into the instant insurance contract, the Defendant subscribed to a special agreement on the charge of specific part of the disease’s disease’s disease’s disease’s disease’s specific part-time disease’s disease’s disease’s specific part-time disease’s disease’s damage period’s whole period from the starting date of liability. At the time the instant insurance contract was

Section A 1, 5, 1-3, hereinafter referred to as "the special terms and conditions of this case".

However, the instant special terms and conditions refer to Article 2(3).