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(영문) 전주지방법원 2016.11.25 2014가합3855

채무부존재확인

Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The plaintiff (Counterclaim defendant) is about 40,000.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff is a company running the insurance business, etc., and the Defendant is a person who entered into an insurance contract with the Plaintiff on December 13, 2005 and attached Table 2 (hereinafter “instant insurance contract”).

B. Among the instant insurance contracts, the main contents of the instant special terms and conditions related to the expenses for diagnosis of the Hemovascular disease (hereinafter “instant special terms and conditions”) are as follows.

[Matters] Insured: The insured name of the Defendant: The amount of insurance coverage for five years renewed (80 years of age): 40 million won: 5,400 won (the first contract)

1. (Compensation for Loss) If the insured, as stated in the insurance policy (insurance Policy) certificate, becomes final and conclusive as one of the first insurance period of this special terms and conditions (hereinafter referred to as “insurance period”), the company shall be bound to compensate for the disease under this terms and conditions.

The term so-called Hudovascular disease refers to the so-called Madovascular disease that has been infected or has been caused to the insured from the time when the company's responsibility began under this contract.

Provided, That no compensation shall be made if the insured knew of the infection or outbreak before the commencement of liability.

2. (Definition and Confirmation of Diagnosis of Henal Diseases) The term "Hudne heart diseases" means the diseases classified as stimulism, acute cardiopulmonary typhism, chronological fluorial typhism, acute cardiopulmonary typhism, acute typhism, and acute typhism, and chronic typhism (see attached Table 6).

The diagnosis and confirmation of a Hemovascular disease shall be conducted by a person who holds a doctor's license (excluding dentists) of a domestic hospital prescribed in Article 3 of the Medical Service Act or a foreign medical institution abroad recognized by the company as equivalent thereto, and this diagnosis shall be conducted by the medical personnel.

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