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(영문) 서울중앙지방법원 2015.07.24 2014가단5343823
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 December 8, 2005, the Plaintiff concluded a life insurance contract with the Defendant with the following major contents:

(hereinafter referred to as the insurance of this case). The insurance name Samsung T&T insured, and the beneficiary’s monthly insurance premium and the payment period of 345,000 won, and 80,000,000 won when a serious disease occurs in the content of the instant coverage in 20 years, when the determination of cancer/cacy cancer diagnosis related to the amount of KRW 1,00,000,000.

B. On June 30, 2014, the Plaintiff was diagnosed with the right upper cancer.

The plaintiff was under the operation of the A-S-S-S-S-S-S-S-S-S.

The size of species was 0.5cc. at the early stage where there was no flap c.m.

C. The Plaintiff claimed KRW 80 million to the Defendant.

The defendant paid 2 million won insurance money corresponding to cancer related to small amount treatment to the plaintiff.

Under the terms and conditions of the insurance of this case, the term "serious diseases" refers to serious cancer, serious acute scarcity, serious brain stroke, serious stroke, serious chronic diseases, serious chronic diseases, serious chronic diseases, and serious images.

(Article 18). “Fr.i.e., grassland (p., whose size of c.m. is less than 2.0cm and whose size is less than 2.0cm and which does not have a c.m. or remote transmission)” excluded from serious cancer guarantee.

(Attachment 4) [Attachment 4] of the Terms and Conditions, without dispute, Gap evidence 1-4, 6, Eul evidence 3 (including paper numbers, hereinafter the same as the same), and the purport of the whole pleadings

2. The parties' assertion and judgment

A. A) The gist of the Plaintiff’s assertion 1) did not explain that the Defendant’s insurance solicitor claiming insurance proceeds primarily was excluded from “serious cancer” subject to guarantee at the time of the instant insurance contract.

Rather, the insurance solicitor explained that the AP cancer is also included in a serious cancer.

The defendant shall pay the plaintiff with insurance proceeds equivalent to serious cancer.

B. Preliminary assertion of tort also constitutes a serious cancer that is the subject of the insurance coverage of the instant case.

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