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(영문) 춘천지방법원 2015.08.20 2015가단50548
채무부존재확인
Text

1. Regarding hospitalization in the annexed list of hospitalization, the annexed list of insurance contracts against the plaintiff's defendant.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the following facts: Gap evidence Nos. 1, 2, and 3; Gap evidence Nos. 4-5, 6; Gap evidence Nos. 5-1 through 3; Seoul Asan Hospital; medical corporation’s annual care hospital (hereinafter “annual care hospital”) and the whole purport of the arguments.

On June 20, 2001, the Plaintiff entered into the instant insurance contract with the Defendant and entered into an insurance contract entered in the separate sheet with the insured as the Defendant (hereinafter “instant insurance contract”).

The instant insurance contract guarantees the payment of KRW 100,000 per day (120 days per day when exceeding three days with cancer admission benefits). The main contents of the terms and conditions of the agreement on cancer guarantee (hereinafter “instant terms and conditions”) are as follows.

Article 15 [Definition and Place of Hospitalization] In this special agreement, the term "inpatient" means that it is deemed necessary to treat cancer or upper cancer by a doctor, dentist, or a person holding a license of a herb doctor (hereinafter referred to as "doctor") and that it is difficult to treat at his own house, etc. and transferred to the care of a doctor by entering domestic hospital or clinic as provided for in Article 3 (2) of the Medical Service Act or a foreign medical institution recognized as equivalent to the above, and transferring it to the care of a doctor.

Article 16 [Types and Grounds for Payment of Insurance Money] The Company shall pay the insurance money agreed upon to the beneficiary (refer to attached Table 1 of the Standards for Payment of Insurance Money) to the insured during the insurance period of this special agreement if any of the following events occurs:

1. Where the insured is diagnosed and confirmed for the first time after the date of commencing responsibility for cancer or save cancer, and where he is hospitalized by transferring his hospital for at least four consecutive days for the direct purpose of treating such cancer or save cancer, he shall be deemed to have been hospitalized when the company recognizes it;

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