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(영문) 수원지방법원안산지원 2017.05.23 2015가단108475
채무부존재확인
Text

1. The Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) concluded on January 17, 2013, the Korea-style Sclerus comprehensive insurance.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The following facts are not disputed between the parties, or are recognized in full view of Gap evidence 1, Gap evidence 2, Eul evidence 3, Eul evidence 1, Eul evidence 7, and the whole purport of the arguments as a result of the request for appraisal to the Korean Medical Association.

On January 17, 2013, the Plaintiff, an insurance company, concluded a non-dividend comprehensive insurance contract (hereinafter “instant insurance contract”) with Defendant and the insured by setting the insurance period from January 17, 2013 to January 17, 2064.

B. The main contents of the “53.... Special Terms and Conditions for the Diagnosis of cerebrovascular Diseases (Renewal)” applicable to the instant insurance contract are as follows.

Article 1(Definition and Determination of "cerebrovascular Disease") The term "cerebrscular disease" in this Special Terms and Conditions refers to the disease specified in attached Table 12 (the Elimination Table of Brain Disease) in the 6th Korean Standard Disease Disease Classification.

The diagnosis and confirmation of cerebrovascular diseases must be conducted by a person with a medical license (other than dentists) of a hospital prescribed in Article 3(2) of the Medical Service Act or of a medical institution recognized as equivalent thereto, and this diagnosis shall be based on brain computer-oriented floor shooting, self-official image, MFI, cerebrovascular surgery, pET, SSEC (PET), e-mail-emitting single luminous e-mail, and cerebral e-mail test.

However, only if the insured (the insured) dies and cannot be based on the above method of inspection, the documented records or evidence that can prove that the insured (the insured) was diagnosed or treated due to cerebrovascular disease can be based on the diagnosis confirmation.

Article 2 (Types and Grounds for Payment of Insurance Money) The company shall first be diagnosed as "cerebrovascular disease" during the insurance period.

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