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(영문) 대전지방법원천안지원 2015.10.28 2013가단103724
채무부존재확인
Text

1. The insurance money for cancer diagnosis against the defendant (consolidated plaintiff) based on the insurance contract stated in the attached list.

Reasons

Basic cases and consolidation cases shall be deemed to be cases together.

1. Basic facts

A. On March 31, 2005, the Plaintiff is an insurance company that entered into the instant insurance contract with the Defendant, and the Defendant is the insured of the said insurance contract.

B. Of the terms and conditions of cancer insurance contracts included in the content of the instant insurance contract, the main parts related to the instant case are as follows.

Article 10. Definitions and Confirmation of Mean and other skin cancer . (1) In this special agreement, the term “Cance” means a disease (as shown in attached Table 2, hereinafter referred to as the “Maternal Life Classification”) classified as malicious life in the fourth Korean Standard Disease Classification.

However, the classification number C44 (Other malicious life of the skin) and the amropheral disease defined in the Classification shall be excluded from the said Classification.

③ 암의 진단확정은 해부병리 또는 임상병리의 전문의사 자격증을 가진 자에 의하여 내려져야 하며, 이 진단은 조직검사(fixed tissue), 미세침흡인검사(fine needle aspiration biopsy) 또는 혈액검사(hemic system)에 대한 현미경 소견을 기초로 하여야 합니다.

However, if it is not possible to conduct the above pathological diagnosis, the clinical diagnosis of cancer is admitted as evidence of cancer.

In such cases, I shall have a documented record or evidence proving that the insured has been under diagnosis or treatment as cancer.

(Attachment 1) If the insured becomes final and conclusive of the first diagnosis of cancer (except for high-amount cancer) after the date of commencement of liability for cancer during the insurance period covered by the standard table for the payment of insurance proceeds, the disease classified as malicious life under the terms and conditions of the malicious life classification table (except for other skin cancer), which is subject to attached Table 2, refers to the following diseases, among the Korean Standard Disease Classification (Enforcement Date of the Statistics Korea Notice No. 2002-1, January 1, 2003).

Classification Number of Product Disease Name

2. The malicious life C15 to C26Da.

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