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(영문) 대구지방법원서부지원 2015.10.16 2015가합5478

채무부존재확인

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 March 13, 2009, the Defendant entered into an insurance contract between the Plaintiff, which is an insurance company, to guarantee a non-distribution Alphler as shown in the attached Form (hereinafter “instant insurance contract”). Among them, the main contents of the instant contract to guarantee cancer diagnosis expenses (hereinafter “instant terms and conditions”) are as follows.

Section 2 (Compensation for Loss) The Company shall pay compensation in accordance with this Special Clause when the insured described in the insurance policy (insurance policy) of this Special Terms has been diagnosed and confirmed as cancer after the date of commencement of the guarantee of static cancer under Section 1(2) or after the date of guarantee under Section 1(1).

Provided, That cancer and thypam cancer, fypam, fypam, and thypamam shall be paid only once the first diagnosis is finalized, respectively.

Article 3 (Definition and Diagnosis Confirmation of Aprypamam, Apamamam, Apamamam, and Apamamams) (1) In this Special Clause, Apams are diseases (referring to diseases in Table 5 (Reference Table 5) classified as malicious life in the Korean Standard Disease Classification (Reference Table 5).

Provided, That this shall not include genetic cancer disease, C44 (Other malicious Organisms of the skin), and C73 (Athythythythythythythythythy) diseases.

(5) Athyrance cancer referred to in Article 2 means a disease (referring to the table 5 (Reference Table 5) classified as a classification number C73 (Athyrance Organisms of Athyrance) in the Korean Standard Disease Classification.

(6) The diagnosis and determination of cancer or thypam, other stove cancer, boundaryal pattern, and sampling cancer shall be made by a person with a professional doctor's license of an autopsy pathology or clinical pathology, and such diagnosis shall be based on organizational inspection, aesthetic stoves examination, or blood examination.

However, if it is not possible to conduct the above-mentioned pathological diagnosis, it shall be either cancer or thalpha cancer, and other thalpha cancer.