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(영문) 수원지방법원 안양지원 2018.07.20 2018가단102278

보험금

Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff) are dismissed.

2. The plaintiff (Counterclaim defendant) shall be the opposing defendant.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The parties concerned are insurers who concluded an insurance contract with the deceased as the insured between the deceased C (hereinafter “the deceased”). Defendant A is the wife of the deceased, and Defendant B is the children of the deceased, and the Defendants are co-inheritors (the shares in inheritance: Defendant A3/5, Defendant B2/5) of the deceased.

B. 1) The Deceased’s insurance contract is concluded with the Defendant to pay KRW 20 million in the event of diagnosis due to serious conditions by making the Deceased a contractor and the insured between the Defendant and the Defendant (hereinafter “instant insurance”).

The insurance contract is concluded. The main contents of the above insurance contract are as follows. ① In this special terms and conditions, the term “emergency alarm certificate” refers to a disease as prescribed in attached Table 15 (Classification of Grade 15) in the Korean Standard Industrial Disease Classification. ② The diagnosis and confirmation of acute alarm certificate should be made by a person with a doctor’s license (excluding dentists) of a domestic hospital as prescribed in Article 3(2) of the Medical Service Act or an overseas medical institution recognized by the company as equivalent to the domestic hospital as prescribed in Article 3(2) of the Medical Service Act, and this diagnosis should be made by a person with the first diagnosis or examination of light class (the first diagnosis or examination of light class) in the case of the insured’s death, but the insured’s death cannot be based only on the examination of light class (the first diagnosis and examination of light class).