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(영문) 서울남부지방법원 2017.08.22 2016가단247289

채무부존재확인

Text

1. Of the principal lawsuit of this case, there is no insurance claim of KRW 1,500,000,000 in the amount of the surgery benefit as of December 16, 2014.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Facts of recognition;

A. The plaintiff is a corporation that runs an insurance business pursuant to the Insurance Business Act and the relevant statutes, and the defendant is a policyholder and the insured who entered into an insurance contract with the plaintiff.

B. On February 5, 1998, the Plaintiff entered into an insurance contract in the attached Form (hereinafter “instant insurance contract”) with the Defendant, and the main contents of the terms and conditions are as follows.

Article 10 (Grounds for Payment of Insurance Money)

1. Where the first diagnosis of the insured by the principal or the insured by the type of cancer after the commencing date of liability prescribed in Article 6 is confirmed: Payment of cancer treatment insurance money (limited to the first diagnosis and determination of cancer and the upper cancer respectively);

2. Where the primary insured or the dependent insured is diagnosed as cancer or sapher cancer first after the starting date of liability prescribed in Article 6, and is hospitalized for not less than four days consecutively for the purpose of treating such cancer or sapherum cancer first after the starting date of liability: The payment of cancer hospitalization benefits;

3. Where the principal insured or the first time after the date of commencing the responsibility provided for in Article 6 has become final and conclusive for the diagnosis of cancer or the first time after the date of commencing the liability, and the principal or the first time has passed through through or passed through the discharge without being hospitalized for the purpose of direct treatment of such cancer or the upper time cancer: The payment of the crypium benefits;

4. Where the primary insured or the terminal insured is diagnosed and confirmed as cancer or the first terminal cancer becomes final and conclusive after the starting date of liability prescribed in Article 6, and he/she undergoes surgery for the direct purpose of treating such cancer or terminal cancer: The payment of insurance benefits (attached Table 1) shall be as listed in the annexed Table 1.

C. On August 29, 2014, the Defendant was diagnosed with the symptoms of the Maternal Maternal Maternal Maternal Maternal Maternal Maternal Maternal Maternal Maternal Maternal Maternal Maternal Maternal Maternal Maternal Maternal Maternal Maternal Maternal Maternal (hereinafter “Maternal Matern”). On September 18, 2014, the Defendant was hospitalized and performed with the sexual Maternal Maternal Matern.

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