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(영문) 서울중앙지방법원 2016.09.28 2016나35825

보험금

Text

1. The defendant's appeal is all dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The reasoning of the court of the first instance’s explanation concerning this case is the same as that of the first instance judgment, except for the case being cited or added as set forth in paragraph (2). Thus, this is acceptable as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts used or added;

A. On March 10, 2015, the first instance judgment No. 3, 7 of the first instance judgment, “Around March 10, 2015” is deemed to be “Around March 11, 2015.”

B. On the 8th page of the first instance judgment, “Plaintiff G” in the 15th page is raised as “Plaintiff B”.

C. On the 9th instance judgment, the first instance court's appeal Nos. 4 through 9 was dismissed as follows.

In light of the following facts: (i) there are various opinions on the classification of the pattern of behavior in the Kauro World including the contents of such academic or practical discussions; (ii) clinical doctor E diagnosed the quantity of this case as cancer; and (iii) Part IV of the Korean Standard Disease Classification for the Third Republic of Korea (Personal Type School); and (iv) “If other report data meet this, this behavior classification number should be changed if the other report data.” Here, the term “other report data” is not based on the general opinion or proposal of the Korean Medical Association, etc., as it is based on the specific diagnosis of the doctor who conducted the diagnosis and examination of the patient in question. In light of the above, it is not sufficient to deem that there are other report data to change the classification number M8240/3 according to the Korean Standard Disease Classification for the Third Standard Medical Doctor, or that there is a lack of any other report or report by clinical doctor E as above.”

D. On the second page 10 of the judgment of the court of first instance, the following is added.

"The defendant must review and decide whether to pay insurance money on the basis of the time of occurrence of the insurance accident, and if it seems that the third standard disease classification in this case is applied, it applies at the time of conclusion of the insurance contract.