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(영문) 광주고등법원 2020.11.11 2018나25259

보험에 관한 소송

Text

1. The judgment of the first instance, including the preliminary claim added at the trial, shall be modified as follows:

The plaintiff.

Reasons

Basic Facts

On October 30, 2008, Defendant B entered into an insurance contract with the Plaintiff as the insured of Defendant C, and where the insured was hospitalized due to injury or disease, Defendant B entered into an insurance contract with the indication of “insurance contract” as indicated in attached Table 1 stating that the daily amount of hospitalization, etc. received from the Plaintiff (hereinafter “instant insurance contract”).

The terms and conditions of the instant insurance contract pertaining to the instant case are as follows.

4. Article 1 (Indemnification) of the General Terms and Conditions of Living Expenses for General Bodily Injury (Compensation for Damages) ① When the insured, as listed in the insurance policy (insurance policy) of the General Terms and Conditions of Insurance, suffers bodily injury due to a sudden and unexpected accident during the insurance period of this Special Terms and Conditions, the insured shall be bound to compensate for the damage resulting from such injury in accordance with the Special Terms

Article 3 (Temporary Living Expenses) (1) In the event that the insured suffers bodily injury due to an accident prescribed in Article 1 and directly as a result of the accident, resulting in a trouble in his/her living function or business ability and received treatment by hospitalization, the daily amount stated in the insurance policy (insurance policy) shall be paid to the beneficiary as temporary living expenses only within 180 days from the date of the accident.

21. Article 1 (Compensation for Damages) of the Special Terms and Conditions for Cancer 1 (Compensation for Damages) (1) When the insured has been hospitalized for at least four consecutive days for the direct purpose of treatment of cancer or crypump cancer after the date of commencement of guarantee after the "Cypium" in paragraph (2) during the insurance period of this Special Terms and Conditions, the Plaintiff is bound to pay the following amount to the beneficiary as cancer hospitalization benefits.

The definition of hospitalization under Article 3 of the 2,000 won per day more than 3 days more than 90 days more than 3 days but more than 3,000 won per day more than 5,000 won and more than 3,000 won per day from the contract date of the contract for the climatic cancer hospitalization benefits, such as the dump cancer hospitalization benefits and other fump cancer hospitalization benefits.