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(영문) 대법원 2015.05.28 2012다50087
채무부존재확인
Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

1. Regarding ground of appeal No. 2

A. The content of the terms and conditions should be objectively interpreted on the basis of the average customer’s understanding potential, without considering the intent or specific circumstances of an individual contractor.

In addition, if the contents of the terms are not clear or doubtful, it is reasonable to interpret them unfavorably to the customer in favor of the customer.

(see, e.g., Supreme Court Decision 2011Da30147, Jul. 28, 2011). B

The judgment below

The reasons and records reveal the following facts.

(1) On July 11, 2003, the Defendant concluded the instant insurance contract containing the Plaintiff’s comprehensive cancer special agreement, special agreement for the guarantee of specific diseases, and special agreement for the guarantee of surgery.

Article 9(1)2 of the Clause of the Special Agreement on the Guarantee of Specific Diseases in relation to the nine major diseases of this case provides that "nine major diseases" refers to urology, heart disease, high-tension, cerebrovascular disease, chronic respiratory disease, chronic absorption disease, chronological disorder, Athroopic disorder, and the disease classified as a new chronic disease (see attached Table 3). Article 12 provides that "The Company shall pay the insurance money (see attached Table 1 "the Insurance Money Payment Table") agreed to the beneficiary when any of the following causes occurs to the insured during the insurance period of this Special Agreement." Article 9(1)2 of the Special Agreement provides that "When the insured is diagnosed as nine major diseases after the date of commencement of responsibility for the insurance period, and is performed for the purpose of direct treatment of the nine major diseases: 9 major diseases: 9 p.m., and 300 won for the operation of 19 major diseases' benefits.

On the other hand, the terms and conditions of the instant specific disease guarantee agreement do not have the definition of alcohol separately.

(2) Attached Table 3 of the terms and conditions of the instant specific disease security agreement.

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