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(영문) 창원지방법원거창지원 2016.12.13 2016가단10181
보험금
Text

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 August 31, 1994, the Plaintiff entered into the instant insurance contract with the Defendant (Korean Life Insurance Co., Ltd.) for a type 2 personal life type (hereinafter “instant insurance contract”). The main contents of the instant insurance contract are as follows.

1) Insured: Insurance period of 10,00,000 won under a principal contract, and 10,000,000,000 won under a special contract for hospitalization: From August 31, 1994 to August 31, 2015 (60 years of age): The content of guarantee (4) payment of cancer hospitalization benefits: The insured’s first diagnosis is confirmed as cancer, and the insured’s payment is equivalent to 0.4% of the amount of insurance per day of hospitalization exceeding three days when he/she has been hospitalized for a direct purpose of treatment of such cancer (Article 10(1)5 and attached Table 1 of the Insurance Terms and Conditions). ② Payment of cancer care funds: 0.5% of the amount of insurance coverage per day of hospitalization exceeding 30 days when the insured was hospitalized for at least 31 days due to hospitalization falling under the grounds for payment of cancer hospitalization benefits (Article 10(1)5 and attached Table 1 of the Insurance Terms and Conditions).

B. On July 12, 2012, the insurance period of the Plaintiff was completed a conclusive diagnosis at a high-university Dental Hospital with the upper part of the port (hereinafter “aviation cancer”).

C. In order to treat psychotropic cancer, the Plaintiff received from the High University Uniform Hospital from July 16, 2012 to October 9, 2012, and from July 2012 to January 2013, and from July 2012 to January 1, 2013, the period during which the Plaintiff received hospitalized treatment in the High University Uniform Hospital for the purpose of receiving psychotropic cancer treatment and receiving psychotropic cancer treatment is from July 8, 2012 to November 2012.

The Defendant determined the Plaintiff on the ground that the Plaintiff was hospitalized for the direct purpose of treating cancer in relation to receiving hospitalized treatment from July 8, 2012 to November 2012.

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