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(영문) 인천지방법원 2015.11.24 2015가단16162
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 Aug. 9, 2007, the Plaintiff entered into an insurance contract with the Defendant for “AIG One-Stop cancer II (SP)” (hereinafter “instant insurance contract”) that covers cancer treatment funds. The major grounds for payment of insurance money and the amount of payment are KRW 40 million when the diagnosis becomes final and conclusive by cancer (However, KRW 4 million for the upper cancer or other cancer, KRW 8 million for the boundaryal species), and KRW 40 million for the high-amount cancer diagnosis benefits.

B. On March 26, 2013, the Plaintiff was diagnosed to have been transferred to the bones, the right-side salvant salvosis (Korean Disease Classification Number C50.90) and the bones salvatory salvology (C79.50) and the bones alvant salvosis (C78.7) through an organizational examination conducted at a low-income hospital.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 6, purport of whole pleadings

2. The Plaintiff’s assertion that “the c.i.e., e., b., e., f., e., e., e., e., f., e., e., f., e., f., e., e., f., e., e., f., e., c., e., e., e., e., e., e., e., e., e., e., e., e., e., e.,

Therefore, the Defendant cannot assert the terms and conditions that are not subject to the guarantee of sexual cancer, such as the instant cancer, as the content of the instant insurance contract. Therefore, the Defendant is obligated to pay the Plaintiff the high-amount cancer diagnosis benefit amounting to KRW 40 million according to the confirmation of the instant cancer diagnosis.

3. Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 1, 3, and 13 as a whole, the insurance policy (Evidence No. 1) of this case refers to the "large-sum cancer" subject to the high-sum cancer treatment benefit as stipulated in the terms and conditions of the contract.

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