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(영문) 대구고등법원 2016.01.26 2015나22251
채무부존재확인
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. On November 1, 2012, the Plaintiff entered into an insurance contract with the deceased (hereinafter “the deceased”) as indicated in Paragraph 2 of the attached Table, which provides the insurance period from November 1, 2012 to November 1, 2072 (hereinafter “instant insurance contract”). Under the instant insurance contract, the Plaintiff determined the death insurance amount due to disease as KRW 50 million, general cancer diagnosis expenses KRW 30 million, and KRW 40 million, other than small cancer. The beneficiary of the death insurance amount was determined as the deceased by law heir, and the beneficiary of the death insurance amount other than death insurance amount as the beneficiary of the deceased.

In addition, the plaintiff shall pay insurance proceeds for physical damage within three business days from the date of receipt of the claim for insurance proceeds, and if the insurance proceeds are not paid within the above payment date, the plaintiff shall pay damages for delay calculated at the rate of 5% per annum from the date following the above payment date.

B. Of the instant insurance contract, the main content of the cancer diagnosis cost agreement is as follows.

Article 1 (Types and Grounds for Payment of Insurance Money) The Company shall pay the insured (beneficiary) the insurance money agreed upon to the beneficiary (beneficiary) when any of the following events occurs:

1. Cancer diagnosis costs: 20% (Provided, That in the case of less than one year after subscription, 50% of the above mentioned amount) of the purchase amount of insurance for the purchase of frat cancer, frat cancer, frat cancer, frat cancer (in the case of less than one year after subscription, 50%) Article 3 (Definition and Confirmation of 50% of the above mentioned amount) (2) of the purchase amount of insurance for the fratium, fratium, fratum cancer, fratum cancer, fratum cancer, fratum cancer, fratum cancer, and fratum cancer-related diseases) (in the case of less than one year after subscription, fratum-related diseases).

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