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(영문) 춘천지방법원 2016.08.17 2014가단32376

채무부존재확인

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Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On July 31, 2009, the Defendant: (a) concluded a non-distribution mutual aid insurance (0906) (hereinafter “instant insurance”); and (b) paid to the Plaintiff the insurance premium of KRW 200,000 each month from July 31, 2009 to July 31, 207, with the content of the insurance period as shown in the attached Table 1, which is from July 31, 2009 to July 31, 2070.

B. The instant insurance contract included a special clause on the cover of the expenses for diagnosis of brain cerebrovascular. However, according to the said special clause, the said special clause includes the payment of KRW 10,000,000 for the diagnosis of brain strokes during the insurance period and KRW 10,000 for the diagnosis of brain strokes when the diagnosis is finalized.

C. The terms and conditions of the instant insurance contract stipulate the term “cerebrovascular”, which is the insurance accident subject to the guarantee of the said special agreement, as the term “the blood under the salone (I60), “the blood under the salone (I61),” “the blood under the salone (I60), “the brain salone (I61),” “the brain salone (I62),” “the blood under the salone (I61), and other non-cerebral salone (I63), the brain salone (I65), which do not cause the cerebral typhosis,” and “the malone (I66) of the brain salone that has not caused the cerebral typhosis.”

On March 12, 2014, the Defendant: (a) was hospitalized into the Hospital of the Republic of Korea in the Republic of Korea in the second place; (b) received the examination of “athropulmonary blood (influorial blood)” and discharged on March 19, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4 (including branch numbers for those with additional numbers), Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserted that cerebrovascular that occurred to the defendant does not constitute an insurance accident covered by the insurance contract of this case, which is "foreign cerebrovascular transfusion".

As to this, the defendant shall be the defendant on March 12, 2014.