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(영문) 서울중앙지방법원 2016.04.22 2015가단5008721

보험금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On April 16, 2009, the Plaintiff entered into an insurance contract with the Defendant with the content that: (a) the contract number B is a contract number; (b) a family guarantee franchise insurance (Class 1); and (c) the insured and the beneficiary are either the Plaintiff; and (d) the diagnosis amount of cancer other than the first high-sum cancer (except for locking cancer, other skin cancer, thythum cancer, and bordering pattern); and (e) a diagnosis amount of KRW 40 million is paid as the diagnosis amount of cancer (only the first one); and (g) other skin cancer and upper cancer diagnostic amount is determined (only the first one); and (g) other skin cancer and upper cancer diagnostic amount is paid KRW 2 million as the diagnosis amount of the first time.

(hereinafter “instant insurance contract”). B.

The main contents of the terms and conditions relating to the instant insurance contract are as follows.

Article 11 (Definition and Confirmation of Various Cancers) (1) In this Special Agreement, the term “amymal cancer (excluding Apymalam, symalam, and symalamites)” means the disease (excluding Apymalam and other skin cancers) classified as malicious new organisms in the Korean Standard Disease Classification (excluding Apymalam and other skin cancers).

(7) The diagnosis and confirmation of the specifications of cancer, high volume cancer, sampling cancer, and other skin cancer, surface cancer, and boundaryal nature shall be made by a person who holds a professional doctor's license of an autopsy pathology or clinical pathology, and this diagnosis shall be based on organizational testing, microscopic testing, or current opinion on blood testing.

However, if it is not possible to conduct the above-mentioned pathological diagnosis, clinical diagnosis of cancer, large amount cancer, sampling cancer, and other skin cancer, thyroid cancer, and dyroidal pattern is admitted as evidence.

In this case, there shall be a documented record or evidence proving that the insured (insured) is receiving the diagnosis or treatment.

The disease classified as a malicious Organism specified in Article 11(1) of the Clause of the attached Table 2 (excluding Aprypam and other skin cancer) of the Terms and Conditions shall be classified as a malicious Organism.