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(영문) 의정부지방법원 2015.10.16 2013가단62926

보험금

Text

1. The Plaintiff (Counterclaim Defendant) shall pay 50,200,000 won to the Defendant (Counterclaim Plaintiff) and its payment from March 21, 2014.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On December 21, 201, the Plaintiff entered into an insurance contract (hereinafter “instant insurance contract”) in the attached Table (2) between the Defendant and the Defendant to pay KRW 50 million for the first time only when the diagnosis of cancer becomes final and conclusive during the insurance period, KRW 10 million (general cancer diagnosis expenses), and KRW 2 million for general cancer surgery (hereinafter “instant insurance contract”).

B. On December 21, 2011, the Defendant responded to each question about the conclusion of the insurance contract through a method of recording conversations with the Plaintiff’s employees, instead of preparing the written subscription at the time of the instant insurance contract. The Defendant respondeded to the question “I will not have any question about whether the disease was confirmed, hospitalized, performed (including the sking), continued to be treated for at least 7 days, and the volume administered for at least 30 days continuously (hereinafter “instant question”).”

C. Of the terms and conditions of the instant insurance contract, the content of cancer and boundary species are as follows.

79. A company under Article 1 (Types and Grounds for Payment of Insurance Money) of the General Terms and Conditions for Cancer Costs shall pay to the insured the insurance money agreed upon when any of the following events occurs:

1. Cancer diagnosis costs: (a) when a diagnosis has been finalized as one of the "cancer-related diseases" after the date of coverage of this Special Terms and Conditions, the following amounts shall be paid only once for the first time, respectively, Article 3 (Definition and Confirmation of "Cance-Related Diseases" 1 of this Special Terms and Conditions) of the purchase amount of insurance for cancer boundary-related cancer diagnosis costs (the definition and Confirmation of "Cance-Related Diseases") (the term "Cance-related diseases" 1 of this Special Terms and Conditions refers to the following diseases in the basic classification of the 6th Korean Standard Disease Classification

1. "Crance" means a disease (see attached Table 23) classified as a malicious life (Arrecition) (Arrecition) (Arrecition).