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(영문) 서울중앙지방법원 2010.07.02 2009가단51736
보험금지급
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts do not conflict between the parties, or may be acknowledged by taking account of the respective descriptions in Gap evidence 1-1 to Gap evidence 2, Gap evidence 6, 7, and 8, and Eul evidence 1 and the whole purport of the pleadings.

On January 11, 2006, B, the mother of the Plaintiff, entered into an insurance contract with the Defendant, with the Plaintiff and the insured, and with respect to non-distribution multilateral family love (hereinafter “instant insurance contract”) with the period from January 11, 2006 to January 11, 2053.

In the insurance contract of this case, if the insured was affected by general cancer during the insurance period, the insurance contract of this case is agreed to pay KRW 10 million with the cancer diagnosis fund and KRW 3 million if it was affected by boundary species.

B. On May 6, 2008, the Plaintiff diagnosed two or more species at Jeju University Hospital and undergone a surgery on May 8, 2008, and undergone a surgery on December 11, 2008 due to the recurrence of the species after the surgery, and undergone a surgery on December 24, 2008.

C. The terms and conditions of the insurance contract of this case refers to the following diseases in the basic classification of the 4th Korean Standard Disease Death Classification. 1. The term "Cance" refers to the disease (see attached Table 2, e.g., Table 4, e., Table 4, e., Table 4, e.g., Table 4, e., Table 4, e., Table 4, e.g., Table 4, e., Table 4), "Cance", "Cance", and "balmatal species" must be issued to a person who has a professional doctor's license in the autopsy or clinical path, and this diagnosis shall be based on organizational tests, scarmatic tests, or e.g., the e., check of the disease.

However, if it is not possible to conduct the above-mentioned pathological diagnosis, the clinical diagnosis of “Cance” and “Cropical species” shall be “Cropic” and “Cropical diagnosis.”

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