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(영문) 서울중앙지방법원 2016.04.29 2015나47524
보험금
Text

1. Revocation of a judgment of the first instance;

2. Defendant B Co., Ltd.: KRW 50,910,000 on August 21, 2013 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On June 15, 2013, the Plaintiff entered into a D insurance contract (hereinafter “instant insurance contract”) with Defendant C via Defendant C, an insurance solicitor, and paid the first insurance premium on the same day.

B. The main contents of the instant insurance contract are as follows.

Insured: The insurance period of the Plaintiff: the main coverage of June 15, 2013 to June 15, 2076 (63 years); - (Renewal) cancer diagnosis expenses (general cancer) 40,000,000 - - (Renewal) cancer diagnosis expenses (general cancer) 10,000 won - (Renewal of the age of 80), 50,000 won per day of hospitalization (general cancer), (Renewal of the age of 80), (Renewal of the age of 100), daily (Renewal of the age of 100), 30,000 won per day of hospitalization for disease (Renewal of 10 days): the first day of guarantee for cancer (liability commencement date) shall be the day after the lapse of 90 days including the day of the insurance contract; and the first day of commencement of guarantee for cancer and the first day of commencement of guarantee for cancer and the first day of commencement of liability for cancer shall be the day of the insurance contract.

In such cases, the date of the insurance contract shall be the date of receiving the first insurance premium.

(Article 4(2)(c) of the Terms and Conditions

On September 3, 2012, the Plaintiff received a report on the outcome of health examination stating that “The Plaintiff’s maximum size of approximately 1.06 cm is observed at the reservoir of the early high wave test. To verify the change in size and shape in the future, the Plaintiff was able to undergo a tracking and observation through the early high frequency test after 6 months after her request and counseling with the doctor,” and was diagnosed by the relevant basin cancer on August 21, 2013.

(hereinafter “the instant insurance accident”). The Plaintiff was diagnosed with the U.S. cancer and was hospitalized for seven days.

On the other hand, on April 4, 2006, the transfer of the instant insurance contract, the Plaintiff entered into a contract of F (Class 2, standard body; hereinafter “instant existing insurance”) with the E Co., Ltd. under the main contract to receive KRW 40 million at the time of diagnosis and confirmation of serious diseases, etc., and continued to pay the insurance premium, which is immediately following the instant insurance contract.

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