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(영문) 수원지방법원 2015.03.24 2014가합63189
채무부존재확인
Text

1. An insured event under paragraph 2 of the attached Table 1 as stated in the insurance contract.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On December 3, 1997, the Plaintiff entered into an insurance contract with the Defendant (hereinafter “instant insurance contract”) as indicated in Appendix 1 List 1 Paragraph (1) (hereinafter “instant insurance contract”) and among them, the content of the instant insurance guarantee is as follows.

When the insured has been diagnosed and confirmed as cancer or internal cancer during the period of a special contract for the provision of cancer hospitalization benefits, and continuously hospitalized for at least four days for the direct purpose of the treatment of such cancer or internal cancer during the insurance period of the special contract, 50,000 won per day between three and 150,000 won per day when the insured was diagnosed and confirmed as cancer or internal cancer during the insurance period of the special contract for the provision of cancer benefits, and was hospitalized for at least 31 days for a direct purpose of the treatment of such cancer or internal cancer.

B. On March 25, 2004, the Defendant received the diagnosis and treatment of cancer and received the diagnosis and treatment thereof.

Around August 18, 2010, the same was diagnosed by self-governing knives, knives, and knives. On November 21, 2012, the sexual hospital of the Korea Forest University was diagnosed by the malicious kives of the kives of the kives.

The defendant received hospitalization and discharge repeatedly as shown in the attached Table 2 List 1, and received hospital treatment in the middle of which 8 times as described in paragraph (2) of the same Table.

C. On February 3, 2014, the Defendant claimed insurance money based on the instant insurance contract against the Plaintiff. Of them, the Defendant received KRW 181,119,00 as insurance money, including KRW 40,00,000 for cancer surgery benefits, KRW 6,000 for cancer hospitalization, KRW 2,00,000 for cancer nursing benefits, and KRW 2,260,00 for disease hospitalization expenses, and KRW 181,119,00 for cancer nursing expenses.

Article 3 (Definition and Place of Hospitalization) of the General Contract Terms and Conditions concerning the Terms and Conditions in relation to the instant case (in this case, "inpatient" is required by a doctor of a hospital or a dentist qualified (hereinafter "doctor").

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