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(영문) 서울중앙지방법원 2020.01.07 2019가단5099275
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. According to the terms and conditions of the instant insurance contract, C and the Defendant, who are the Plaintiff’s children, entered into a DNA contract with the Plaintiff as the insured (hereinafter “instant insurance contract”). According to the terms and conditions of the instant insurance contract, the Plaintiff is entitled to support the nursing worker when the Plaintiff was hospitalized as a disease or a general injury during the period from May 26, 2017 to May 26, 2020 and received treatment. The specific details are as follows.

The contract subject to an indemnity contract related to nursing support: The insurance premium as of the renewal date shall be applied where the insurance premium to be applied to the renewal contract is amended by the end of each business year, such as expenses incurred in providing nursing support, re-determination of property, and transfer of assets at the risk rate of nursing, etc., if the insurance premium to be applied to the renewal contract is amended by the expiration of each business year.

If the defendant is unable to provide nursing service for unavoidable reasons, or if the beneficiary does not continuously want the nursing service to be supported by the defendant, the defendant will pay the nursing service expenses actually selected and used by the customer to the extent of the nursing service expense (Provided, That the nursing service expenses shall be submitted). The nursing service expenses refer to the expenses the defendant determines to provide the nursing service to the beneficiary.

Where it is impossible to provide nursing assistance due to the defendant's reasons, it shall be modified into a renewed general injury daily allowance (at least one day), a special terms and conditions of guarantee, a renewed type of disease daily allowance (at least one day), and a special terms and conditions of guarantee

The method of applying for nursing service: 1688-0090 11 (opportune for nursing service) nursing service provider shall be supported for a maximum of 48 hours depending on the region.

B. On June 11, 2018, the Plaintiff was performing vertebrate vertec vertecule surgery and the post-sign escape surgery and transferred to E hospital due to cerebral chrone, and completed a acute treatment for cerebral chrone.

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