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(영문) 서울중앙지방법원 2017.08.09 2015가합557881
채무부존재확인
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 607,661,343 to the Defendant (Counterclaim Plaintiff) and its related amount from July 21, 2015 to November 12, 2015.

Reasons

. Article 2(10) of the Terms and Conditions on the Special Treatment of a Class 2 Injury Caused by Non-Distribution of Loss provides that “I, in the event I have received a diagnosis or treatment in the past (which refers to the period subject to notification of the disease) due to a disease falling under “Duty to Notify the disease” in the subscription form, I shall not pay insurance money related to the disease (hereinafter “this case’s disease exemption provision”) out of the insurance money as provided in Article 1 (Types and Grounds for Payment of Insurance Money). (c) In the event the Defendant concludes each of the insurance contracts in this case, “I shall not be obliged to notify the Plaintiff within the latest three months,” “I have received the following medical services through a diagnosis or examination,” and “I have continued to receive the following medical services from the doctor within the latest five months, for whom I have received the following medical services through a diagnosis or examination within the latest nine months, for whom I have been subject to examination or examination within the latest seven years after the diagnosis or examination (including the examination). I have continued to be issued within the latest nine years after the diagnosis or examination).”

“each question is written (hereinafter referred to as “the place of question”), and the Defendant submitted to the Plaintiff the written question as “the place of question,” not “each question,” and submitted it to the Plaintiff.

The defendant who suffered an insurance accident shall be on February 11, 2015 B.

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