2012Da82428 Insurance proceeds, etc.

A

1. A stock company B;

2. C

Seoul Central District Court Decision 201Na54340 Decided August 22, 2012

July 25, 2013

All appeals are dismissed.

The costs of appeal are assessed against the Plaintiff.

The grounds of appeal are examined.

In full view of the circumstances as indicated in its holding, the lower court determined that it is reasonable to regard the Plaintiff’s disease as a sort of boundary that is defined as “a kynasity (D37.5) of an unidentified kynasity pattern that is assigned with an ‘act pattern classification number’/1’ according to the classification criteria of the Korean Standard Disease Death Classification. Accordingly, the lower court dismissed the Plaintiff’s claim of this case seeking the payment of insurance proceeds on the premise that the Plaintiff’s disease constitutes “a kynasity (C20) under the Korean Standard Disease Classification that is defined as cancer in each insurance of this case.”

Upon examining the records in light of the relevant legal principles, the above determination by the court below is just and acceptable. Contrary to the allegations in the grounds of appeal, there were no errors by recognizing facts in violation of logical and empirical rules or by misapprehending the legal principles on the interpretation of the insurance terms.

Therefore, all appeals are dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Ko Young-han

Justices Yang Chang-soo

[Attachment-dae]

Justices Kim Chang-suk