According to the terms and conditions of an insurance contract, the insurer’s liability commencement date shall be the day following the 90th day including the date from the date of the insurance contract, and if the diagnosis has been determined as a cancer before the date preceding the date of the insurer’s liability commencement for cancer, the time when the diagnosis of cancer becomes final and conclusive,

The standard terms and conditions of insurance contract provide that "the diagnosis and confirmation of cancer shall be made by a person who holds a professional doctor's license of the autopsy pathology or clinical pathology, and this diagnosis shall be based on the present opinion about the organization or blood test." However, in light of the sound common sense of society, separation of samples for organizational tests from the insured's flexible organization is merely an act of preparation to diagnose whether or not the occurrence of cancer occurred, and the date when the result of organizational tests is reported as the result of organizational tests from the hospital shall be deemed the date of final diagnosis of cancer.

[1] Article 727 of the Commercial Act

Lina Life Insurance Co., Ltd. (Attorney Young-gu et al., Counsel for the plaintiff-appellant)

Defendant

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

It is confirmed that pure type insurance contract between the plaintiff and the defendant (the contract date: October 8, 2001; securities number: 410148100; the insurer: the plaintiff, the insured: the defendant, the secured accident: the occurrence of cancer and other death) does not exist.

1. Basic facts

【Ground for Recognition: Fact that there has been no dispute, Gap evidence 1 through 3-2, all purport of pleading】

A. On October 8, 2001, the plaintiff and the defendant entered into an insurance contract with the purport that the insurance amount shall be KRW 6 million, and if the defendant's cancer diagnosis is finalized, the insurance amount shall be KRW 60 million. (hereinafter "the insurance contract of this case").

(b)In accordance with the terms and conditions applicable to the instant insurance contract, if the insured has been diagnosed as cancer before the date preceding the date of the commencement of liability for cancer from the date of the insurance contract, the contract shall be null and void (Article 4), and the insurer's liability commencement date for cancer guarantees shall be the day following the date on which 90 days have elapsed including the date of the insurance contract (Article VIII

(c) On January 3, 2001, 2001, the Defendant: (a) sent a historical system to the left bank of the Republic of Korea on the left bank; (b) removed a historical system to undergo a medical examination at the Seoul National Assembly members located in the Nam-gu Incheon National University on January 4, 2001; (c) conducted a organizational inspection on the foregoing historical organization on January 8, 2001; (c) received a final diagnosis on January 8, 2001; and (d) received a genetic testing at the hospital affiliated with the Jn National University University on January 31, 2001.

2. The parties' assertion

A. The plaintiff's assertion

The plaintiff asserts that according to the terms and conditions applicable to the insurance contract of this case, the starting date of liability for cancer shall be the day following the 90th day including the day from the insurance contract date, and that the defendant's time when the examination of the left-hand rock of the defendant is decided after separation of samples for organizational inspection from species, 90 days have not passed from the insurance contract date, and therefore, the defendant has no obligation to pay insurance money.

B. Defendant’s assertion

On January 9, 2002, 94 days after the insurance contract date of this case, the defendant was notified of the result of the examination for the confirmation of the relevant rock, and this asserts that the plaintiff is obligated to pay insurance money under the insurance contract of this case to the defendant, since it was confirmed after the date of commencement of the plaintiff's responsibility

3. Determination

(a)Therefore, with regard to the time when the time when the diagnosis of cancer becomes final and conclusive, the standard terms and conditions applicable to the insurance contract of this case must be determined by the person with a professional doctor's license of autopsy pathology or clinical pathology, and this diagnosis must be based on the present opinion about the examination of tissues or blood (Article 13, Paragraph 2), and not on the time when the diagnosis of cancer becomes final and conclusive. However, in light of the sound common sense of society, separation of samples for the defendant's tissue testing from the defendant's fluid body is merely an act of preliminary preparation to diagnose whether the occurrence of cancer occurred, and it shall be deemed that the time when the organization examination was reported to be the result of the organization examination of the defendant's fluid cancer by requesting the organization examination of the defendant's fluid cancer at the Seoul National Hospital and the Seoul National Hospital, and in that case, it is obvious that it was the time when 90 days elapsed including the insurance contract of this case, and thus, the plaintiff's assertion of the above plaintiff is without merit.

B. Therefore, the plaintiff's claim of this case is dismissed.

Judges Shin Sung-sung (Presiding Judge)