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(영문) 광주지방법원 2017.03.31 2016나56041
보험금
Text

1. The judgment of the first instance, including the claim of the Plaintiff (Appointed Party) expanded by this court, is as follows.

Reasons

1. Basic facts

A. (1) On September 9, 1993, the Plaintiff (Appointed Party; hereinafter “Plaintiff”) entered into an insurance contract with the Defendant, and the Plaintiff as the principal insured; the Plaintiff’s designated person as the denying person; the insurance period from September 9, 1993 to September 9, 2041; and the amount of the insurance contract was KRW 20 million, and the term of the insurance contract to be incorporated into the contents of the first insurance contract is as follows:

Article 8 (Grounds for Payment of Insurance Money) (1) The Company shall pay the insurance money agreed upon to the beneficiary (see attached Table 1) to the main insured or the subordinate insured as prescribed in Article 2 in any of the following cases:

5. Where the principal insured or the insured, during the insurance period, has confirmed the first diagnosis of cancer after the date of commencing the responsibility prescribed in Article 4 and has continued to be hospitalized for at least four days for the purpose of directly treating the cancer (if the company recognizes it, it shall be continued to be hospitalized if it is admitted: Provided, That in this contract, the hospitalization shall be deemed necessary by a doctor or a dentist qualified in the hospital in the Republic of Korea (hereinafter referred to as “doctor”), and it shall be deemed that the number of days of hospitalization exceeding three days requires cancer treatment by a doctor or a dentist qualified in the hospital in the Republic of Korea (hereinafter referred to as “doctor”), and it shall be deemed that it is difficult to provide treatment at his own home, etc., and shall be transferred to the care under the control of a doctor.

[Attachment 1] The main purpose of diagnosis is to determine the first cancer after the date of commencement of the responsibility prescribed in Article 4, and to treat the cancer for the first time after the date of the payment of insurance money payment (family contract- full-time refund type).

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