1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. On November 29, 1994, the Plaintiff and the Defendant concluded the instant insurance contract, and the contents of the terms and conditions (hereinafter “instant terms and conditions”) relating to the instant case are as follows.

Article 10 [Grounds for Payment of Insurance Money] (1) If any of the following events occurs to the insured, the company shall pay the insurance money agreed upon to the beneficiary:

1. When the first diagnosis is confirmed after the starting date of liability prescribed in Article 6 for the principal insured: The payment of cancer insurance money (10,000,000 won for the principal insured);

2. Where the principal insured has confirmed the first diagnosis of cancer after the starting date of liability prescribed in Article 6, and has been hospitalized for at least four consecutive days for the purpose of directly treating such cancer (in cases of hospitalization by relocating a hospital, if the company so determines, the company shall be hospitalized continuously and in cases of hospitalization by transferring the hospital, the company shall be deemed hospitalized) : Payment of cancer hospitalization benefits (one hundred thousand won per day exceeding three days);

4. Where the primary insured has undergone a surgery for the first time after the starting date of liability prescribed in Article 6 and for the first time after the diagnosis is finalized, and he/she has undergone such surgery for the purpose of directly treating such cancer: The payment of cancer benefits (the principal insured 3,00,000 won) (1) In cases falling under paragraph (1) 2, where the insured has expired during the period of hospitalization, he/she shall pay continuously cancer hospital benefits for the continuous period of hospitalization.

Article 11 [Definition and Place of Hospitalization] The term "inpatient" in this contract means admission to a hospital or clinic (excluding herb clinic) as provided for in Article 3(2) of the Medical Service Act because it is difficult to treat at home and it is difficult to treat at home and under the control of a doctor.

B. After the conclusion of the insurance contract of this case, the defendant was diagnosed as the U.S. cancer around 1999 and received the diagnosis on April 1, 199.