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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On November 5, 2001, the Plaintiff entered into an insurance contract with the Defendant, an insurance company (hereinafter “instant insurance contract”). The main contents are as follows.
1. Name of insurance: Insured non-dividend 1 type diagnosis type 2: the insurance period of Plaintiff 3: From November 5, 2001 to November 5, 2021: the amount of cancer treatment insurance (from November 5, 2001 to the date of November 5, 2021): KRW 40 million at the time of confirmation of cancer diagnosis for the first time after the date of commencing the responsibility (one time) / 2 million won in the case of upper cancer;
B. The terms and conditions of the instant insurance contract pertaining to the instant case are as follows.
Article 13 [Definition and Diagnosis Confirmation of Cancer] (1) In this contract, the term “Cance” means the disease (attached Table 2) classified as malicious life (referring to the table of malicious life classification) in the Third Standard Disease Classification.
However, it is important to set a term of marral disease, which is defined as marrant, or whose symptoms fall under C44 of the classification number C4 of the attached Table 2, to exclude from the above classification any marral faral farral faral faral farc, of which symptoms are insignificant.
(2) The diagnosis and confirmation of cancer shall be conducted by a person who holds a professional doctor's license for autopsy pathology or clinical pathology, and this diagnosis shall be based on the current condition check of tissue or blood examination.
However, if it is not possible to conduct clinical diagnosis, clinical diagnosis of cancer is recognized as evidence of cancer.
In such cases, I shall have a documented record or evidence proving that the insured is under diagnosis or treatment as cancer.
Article 14 [Definition and Diagnosis Confirmation of the Standing Cancer] (1) In this contract, the term “the upper cancer” means the disease (attached Table 3) classified as the upper biotic in the third Korean Standard Disease Death Classification, which refers to the “the Reference to the upper Organism Classification”.
(2) The diagnosis and confirmation of clinical cancer shall be conducted by a person with a professional doctor's license, who shall be organized by an autopsy pathology or clinical pathology.