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(영문) 대전지방법원 2015.07.08 2014가합1212
채무부존재확인
Text

1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) KRW 40,000,000, and shall pay the full payment from March 21, 2014.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

On May 27, 2005, the Plaintiff is a company running the insurance business, and the Defendant concluded an integrated distribution agreement with the Plaintiff (hereinafter “instant insurance contract”).

Among the terms and conditions of the instant insurance contract, the instant special terms and conditions for diagnosis costs of the Hemovascular disease in question (hereinafter “instant special terms and conditions”) are as follows.

[Matters] Insured: The insured period of insurance for five years renewed (80 years of age): the amount of insurance for 40 million won: 2,640 won (the 2,640 won (the renewal 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 Hemovascular Diseases) The term "Hudovascular diseases" means diseases classified as hovascular, acute cardioscular fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial b

The diagnosis and confirmation of a Hemovascular disease must be conducted by a person with a doctor's license (except dentists) for a medical period overseas recognized by a domestic hospital prescribed in Article 3 of the Medical Service Act or a company equivalent thereto, and this diagnosis together with a medical history, shall be conducted by the heart, heart, ultraspathy, ornamental crympathy, and heart efficacy test of blood.

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