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(영문) 광주지방법원목포지원 2015.10.22 2014가합1503
채무부존재확인
Text

1. The plaintiff's insurance contract based on the attached list "Canceology I, cancer surgery expense I, cancer surgery expense II, with respect to the defendant.

Reasons

1. Indication of claim;

A. On June 29, 2009, the Defendant concluded an insurance contract on the attached list with the Plaintiff as the insured (hereinafter “instant insurance contract”) with the Defendant as the insured.

B. According to each of the special terms and conditions of cancer diagnosis expenses, cancer surgery expenses I, cancer surgery expenses II, and cancer hospitalization daily allowances (10,000 won), cancer diagnosis expenses (3,00,000 won), cancer surgery expenses I (3,00,000 won), cancer surgery expenses II (3,00,000 won), and cancer daily allowances (30,000 won) (hereinafter “the special terms and conditions of this case”), the first day of guarantee for cancer is the day following the day when 90 days have elapsed including the day when the insurance contract was concluded if the insured is 15 years or more as the Defendant, and the insured becomes diagnosed as cancer before the day preceding the first day of guarantee, the insurance contract becomes void and the paid insurance premium is returned.

C. On August 17, 2009, prior to the date of commencement of guarantee under the instant special terms and conditions, the Defendant confirmed the cancer diagnosis at the Mannam University Hospital on the ground of the above cancer diagnosis, and claimed insurance money to the Plaintiff on the ground of the above cancer diagnosis, the Plaintiff did not pay cancer diagnosis expenses, etc. on the ground that the Defendant’s cancer diagnosis occurred prior to the date of commencement of guarantee under the instant special terms and conditions, and issued a written statement to the effect that the Defendant was not entitled to insurance money to the Plaintiff.

On August 6, 2014, the Defendant: (a) was diagnosed as an unclear part of the respiratory machine’s pulmonary organ transplant by a child, and (b) was diagnosed as a dead-parent organ transplant by a patient (a patient with a diagnostic organ, and is expected to be treated again as a patient with a diagnostic organ and to be treated for future navigation cancer treatment, etc.); and (c) thereafter, filed again a claim with the Plaintiff for insurance money based on the instant special terms and conditions.

E. The defendant cannot claim the validity under the special terms and conditions of this case after receiving cancer diagnosis prior to the date of commencement of guarantee stipulated in the special terms and conditions of this case, and the plaintiff shall pay cancer diagnosis fees to the defendant.

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