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(영문) 대구지방법원경주지원 2015.06.26 2014가합2440

채무부존재확인

Text

1. As to the insured events listed in the attached list No. 1, the insurance contract shall be based on the attached list No. 2.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the respective entries in Gap evidence Nos. 1, 2, 5, 6, 7, and Eul evidence Nos. 1, 3, 4, 5, 6, and 7 (including paper numbers) and the whole purport of the pleadings.

On November 1, 2012, the Plaintiff concluded an insurance contract listed in the attached Table 2 (hereinafter “instant insurance contract”) with A and the insurance period from November 1, 2012 to November 1, 2072. The Plaintiff determined the death insurance amount of KRW 50 million due to disease under the instant insurance contract as KRW 30,000, general cancer diagnosis expenses of KRW 30,000,000, and the cancer diagnosis expenses of KRW 40,000,000 other than small cancer. The beneficiary of the death insurance amount of KRW 50,00,00,000 was determined as statutory heir, and the beneficiary of the death insurance amount other than death was determined as the insured.

In addition, the plaintiff paid insurance proceeds for physical damage within three business days from the date of receipt of the claim for insurance proceeds, and if the insurance proceeds are not paid within the above payment date, the plaintiff shall pay damages for delay at the interest rate (5% per annum) from the date following the above payment date.

B. Among the instant insurance contracts, the main contents of the cancer diagnosis cost clause are as follows.

Article 1 (Types and Grounds for Payment of Insurance Money) The Company shall pay the insured (beneficiary) the insurance money agreed upon to the beneficiary (beneficiary) when any of the following events occurs:

1. Cancer diagnosis costs: 20% of the purchase amount of insurance (50% of the above amount in the case of less than one year after subscription) of the purchase amount of insurance (50% of the above amount in the case of less than one year after subscription) Article 3 (Definition and Confirmation of Diagnosis of Cancer-Related Diseases) (2) of the purchase amount of insurance for the part of the first time when diagnosis has been finalized as one of the " cancer-related diseases" after the date of coverage of this Special Terms and Conditions, the following amount shall be paid only once for the first time: