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(영문) 인천지방법원부천지원 2016.01.21 2015가단101438

채무부존재확인

Text

1. It does not exist that the Plaintiff’s obligation to pay insurance money to the Defendant based on the insurance contract indicated in the attached list.

Reasons

1. The following facts may be found either in dispute between the parties or in combination with the whole purport of the pleadings in each entry described in Gap evidence 1, 2, and 6-1, and 6-2:

Around February 25, 1995, the Defendant entered into a “Asamamam Insurance Contract” contract (hereinafter “instant insurance contract”) with the Plaintiff as the insured and the Defendant’s father B as the beneficiary.

B. Of the instant insurance terms and conditions, the content pertaining to the instant case is as follows.

Article 3. The definitions and diagnosis confirmation of cancer (1) The term "cancer" in this Agreement refers to diseases (see attached Table 2, e.g., the "Maternal Organism Classification") classified as malicious life in the basic classification of the World Health Organization (WHO) International Disease, Injury, and Private Statistics Classification.

However, in terms of the term "pregal colon" and "unchron 173", the symptoms of which fall under the classification number 173 listed in Table 5 are insignificant, low-income cell life, or letter-based life, the symptoms of which fall under the category number 173 listed in Table 5 are excluded from such classification.

2. The term "liver cancer" in this contract refers to a disease (as specified in attached Table 6) classified as liver cancer in the basic classification of the World Health Organization (WHO) revised, the international classification of injury, and the classification of private statistics among the matters concerning cancer referred to in paragraph (1).

(3) The diagnosis and confirmation of cancer shall be made by a person who holds a certificate of professional doctor's license of autopsy pathology or clinical pathology, and this diagnosis shall be based on the present opinion about organization or blood examination.

However, if it is not possible to conduct the above pathological diagnosis, the clinical diagnosis of cancer is admitted as evidence of cancer.

In such cases, I shall have a documented record or evidence proving that the insured has been under diagnosis or treatment as cancer.

Article 11 (Grounds for Payment of Insurance Money)