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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On January 14, 201, the Plaintiff concluded cancer insurance as follows (hereinafter “instant cancer insurance”).
B
B. On February 10, 2014, the Plaintiff received a final diagnosis of crypump cancer at the Incheon National Cancer Hospital, and received a cypump surgery at the National Cancer Center on October 20, 2014.
[Ground for Recognition: Facts without dispute, entry of Gap 1 and 3 evidence, purport of the whole pleadings]
2. The assertion and judgment
A. The Defendant notified the termination of the insurance contract on December 17, 2013 due to the failure to pay the Plaintiff’s insurance premium due to the Plaintiff’s assertion, and the notification was returned because it was not delivered to the Defendant after the receipt of the Plaintiff’s apartment security guards, and thus, the insurance contract is not terminated.
Therefore, the defendant is obliged to pay 30 million won insurance money to the plaintiff, because the plaintiff's cancer diagnosis is not in the insurance guarantee period due to the appearance that seems that the contract of this case was restored twice, but in particular, it is agreed with the plaintiff through C to pay 30 million won in total of the insurance money for diagnosis benefits according to the plaintiff's cancer diagnosis (hereinafter "the agreement of this case").
B. On June 1, 2013, the Plaintiff’s summary of the Defendant’s assertion had already invalidated the insurance contract on the grounds of delinquency in the payment of insurance premiums, and subsequently restored the insurance contract on June 21, 2013. In the instant case, the Defendant’s notice of termination of the insurance contract on the grounds of delinquency in the payment of insurance premiums reached the Defendant on December 19, 2013 and lawfully terminated the insurance contract on January 29, 2014.
In such a case, where an insurance contract is restored, the guarantee is guaranteed from the day following the 90-day period from the date of its restoration to the cancer. Since the Plaintiff was confirmed on February 10, 2014, which was within 90 days from January 29, 2014, around February 10, 2014, the Plaintiff is not obliged to pay insurance proceeds to the Defendant.
C. (1) The Plaintiff has already paid the premium even on June 1, 2013.