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(영문) 서울고등법원 2015.08.28 2015나2015595
채무부존재확인
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On June 17, 2010, the Plaintiff, an insurer running the insurance business, concluded an insurance contract of "104" in the attached Table 1 list with the Defendant B and the Defendant as the insured (hereinafter "instant insurance contract").

The details of major security and terms and conditions relating to the instant insurance contract are as follows.

In the case of being hospitalized as a general injury (not less than one day) and being treated as a general injury, the amount of compensation for the insurance coverage per day of hospitalization within the limit of 180 days from the date of the accident, and being hospitalized for not less than 30,000 won due to the disease (not less than one day), the term "inpatient" in this special terms and conditions of Article 1 (Definition and Place of Hospitalization) of the main contents of the Special Terms and Conditions of Guarantee of 30,00 won per day of hospitalization (not less than one day) shall be referred to as "in the case of being hospitalized by a doctor, dentist or a person qualified as a herb doctor, and it is deemed necessary to treat the disease due to difficulty in treatment at his own home, etc., and who is admitted to a hospital, clinic, or medical institution recognized as equivalent to the above, and who is in charge of treatment under the management of the doctor.

Article 2 (Types and Grounds for Payment of Insurance Money) The company (Plaintiff) shall pay to the beneficiary the amount of insurance coverage under this Special Terms per day of hospitalization from the date of initial hospitalization to the beneficiary, where the insured (beneficiary and Defendant) is diagnosed by disease during the insurance period, and is hospitalized for the direct purpose of treatment of the disease.

Article 3 (Detailed Provisions concerning Payment of Insurance Money) The number of days of payment of expenses for hospitalization under Article 2 shall not exceed 180 days per time of hospitalization.

In cases under Article 2, where an insured person has been hospitalized at least twice during the insurance period for the direct purpose of treating the same disease, the number of days of hospitalization shall be deemed continuous hospitalization and shall be added thereto.

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