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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. The reasoning of the court of first instance’s explanation concerning this case is that “this court” among the grounds of the judgment of first instance is dismissed as “the first instance court,” and the reasoning of the judgment of first instance is the same as that of the part of the judgment of first instance, except for dismissal or addition as follows. Thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Parts to be removed or added;
A. The following is added after the fourth 8th of the judgment of the first instance.
Article 16 (Types and Grounds for Payment of Insurance Money) Company shall pay the insurance money agreed upon to the beneficiary when any of the following events occurs to the insured; 3. After the date of commencement of liability (the date of commencement of liability for cancer security for cancer), the insured shall be determined by the "major sexual disease" or the "major sexual disease" or the "major sexual disease" or the "regular cancer" shall be continued to be hospitalized for at least 181 days for the direct purpose of the treatment of ambia (in case of hospitalization by moving to a hospital or a clinic, if it is recognized by the company, it shall be continued to be hospitalized:
at the time of payment: Payment of healthy living expenses
5. Where the diagnosis of the insured is finalized after the date of commencing the responsibility for cancer security (in the case of cancer, after the date of commencing the responsibility for cancer security), and is hospitalized for not less than four consecutive days for a direct purpose of treating the "major human disease" or the upper cancer: Payment of the expenses of hospitalization;
B. Following the fifth instance judgment’s first instance judgment, the following is added.
Even if the hospitalization in B is a preservative treatment whose purpose is simple medical treatment, and which does not correspond to “in the case of hospitalization” as stipulated in Article 15 of the Insurance Terms and Conditions of this case, it constitutes an important part of the insurance that does not pay insurance premiums for hospitalization by preservative treatment. Therefore, the Defendant is obliged to explain this to B and the Plaintiff.
Nevertheless, the defendant did not properly perform such duty to explain. Therefore, the defendant did not perform such duty.