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(영문) 인천지방법원 2016.12.16 2015가합52721
보험금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 31, 201, B, the husband of the Plaintiff, entered into a contract with the Defendant for the purchase of “Undividend Samsung F&M Integrated Insurance Co., Ltd. (hereinafter “instant insurance contract”) with the Plaintiff, the insured, and the insurance period from May 31, 201 to May 31, 2032 from May 31, 2032 (hereinafter “instant insurance contract”). At the time of entering into the contract, B, in addition to the basic guarantee, entered into a contract for the purchase of “non-dividend Samsung F&M Integrated Insurance Co., Ltd.” (hereinafter “instant insurance contract”). At the same time, B, in addition to the basic guarantee, entered into a contract for the household fund (20,000,000 won) with the disease high-speed (20,000 won), the household fund (5,000,000 won) during the period of a disease.

(b) Of the terms and conditions of living expenses of high-class 1 and 2 diseases, the contents pertaining to this case are as follows:

Article 2 (Types and Grounds for Payment of Insurance Money) The Company shall pay to the insured (persons who receive insurance money) the amount of insurance coverage specified in the Insurance Policy (Insurance Policy) for the first ten years only once when the insured (persons with disabilities) becomes a beneficiary of the insurance (persons with disabilities) with the amount of the insurance coverage specified in the Insurance Policy (Insurance Policy) for the first ten years, when the insured (persons with disabilities) becomes a beneficiary of the insurance (persons who receive insurance money) for a disease (persons with disabilities) under Article 2 of the Enforcement Decree of the Act on Welfare of Persons with Disabilities and Article 2 (Attachment 4) of the Enforcement Rule of the Act on Welfare of Persons with Disabilities.

Article 3 (Detailed Provisions concerning Payment of Insurance Money) (3) Where a patient has received a diagnosis or treatment in the past (referring to the period subject to notification of the relevant disease in the subscription form) due to a disease falling under the "Duty to Notify before the contract (limited to important matters)", he/she shall not pay insurance money related to the relevant disease out of the insurance money under Article 2.

(4) Notwithstanding paragraph (3), where no additional diagnosis (excluding simple health examinations) or medical treatment exists due to the disease for the period of five years after the date of subscription, even if the diagnosis becomes final and conclusive before the date of subscription.

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