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(영문) 서울남부지방법원 2016.04.29 2015가단212620

채무부존재확인

Text

1. With respect to the accident described in attached Form 1, the plaintiff (a counterclaim defendant) based on the insurance contract mentioned in attached Form 2.

Reasons

1. Facts of recognition;

A. On January 28, 2008, the Plaintiff and the Defendant concluded an insurance contract on January 28, 2008 with the Defendant, the insurance period from January 28, 2008 to January 28, 2062, which covers diagnostic expenses for diseases, injuries, cancer, etc., and medical expenses (hereinafter “instant insurance contract”).

B. On November 23, 2013, the Defendant was diagnosed as the main disease Gap's name, the upper c73 code (the Korean Standard Disease Classification Code, c73 code from the following, c73 code), the injured disease c77.3 code, the left-hand side (the Korean Standard Disease Classification Code, c77.3 code from the following, c77.3 code) by hospitalized in the above member of the Council on November 26, 2013, and was confirmed to be the above disease as a result of the final organization inspection.

C. On December 3, 2013, the Defendant attached a certificate of hospitalization, a organizational pathology diagnosis report, and a medical certificate. On December 3, 2013, the Defendant filed a claim against the Plaintiff for the insurance proceeds by stating the circumstance of the accident as “the left-hand side”, and on December 10, 2013, the Plaintiff paid KRW 4 million to the Defendant for the diagnosis cost of Arypamam and KRW 1,209,40.

On October 27, 2014, the Defendant was diagnosed by C Hospital (hereinafter referred to as “C Hospital”) as the malicious life (C73 code), head, face, and cream Section of Aprypyp (hereinafter referred to as “C70 code”) of Aprypypypypypypypypypypypypypypypypypypypypypypypypypypypypypypypypypypypypypypypypypypypypyp

(C) The above diagnosis and treatment in the hospital constitutes an accident listed in attached Form 1, and thereafter (hereinafter referred to as “instant accident”). E.

On December 11, 2014, the Defendant claimed KRW 20 million for cancer diagnosis costs to the Plaintiff on the ground of the instant accident.

The Plaintiff refused the payment of insurance money on the ground that the Defendant’s disease falls under the party’s sampling and does not fall under the object of cancer diagnosis expenses.