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(영문) 대구지방법원 2020.01.22 2019나314757
보험금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. On August 1, 2003, the Plaintiff concluded a “C” insurance contract with the Defendant, a company operating the insurance business, and the insured, the Plaintiff as the Plaintiff (hereinafter “instant insurance contract”).

B. In the event of hospitalization for at least four days due to a disease or a disaster, the Plaintiff subscribed to a special agreement for treatment of sacratal and sacratal diseases for which KRW 500,000 won is paid for the period exceeding three days per day of hospitalization, and for which a special agreement for treatment of sacratal and sacratal diseases for which the amount of hospitalization is paid within the limit of

(A) Evidence No. 1 (c)

Of the terms and conditions of the instant insurance contract and the terms and conditions of the instant special agreement for hospitalization (hereinafter “instant special agreement for hospitalization”), the main contents relevant to the instant agreement are as follows. The Defendant’s interest rate for the loan of the terms and conditions is 7.6% per annum.

Article 34 (Payment of Insurance Money, etc.) (1) A company shall issue a certificate of receipt when it receives the documents prescribed in Article 33 (Documents Required for Filing Claims, such as Insurance Money, etc.), and shall pay insurance money or refund money for cancellation or exempt the payment of insurance premium within three days from the date of receipt of such documents.

Provided, That where it is necessary to investigate or confirm the grounds for payment of insurance money or premiums, insurance money shall be paid within 10 days after receipt or exempted from the payment of premiums.

(2) In paying insurance money, etc. pursuant to paragraph (1), the calculation of interest for the period until the payment date of insurance money shall be as specified in attached Table 5 (Calculation of Interest Rate at the time of the payment of insurance money).

In this special agreement of hospitalization of this case, the term “inpatient” means a domestic hospital or clinic as prescribed in Article 3 (Medical Institution) of the Medical Service Act, or a person who is qualified as a doctor, dentist or oriental medical doctor (hereinafter referred to as “doctor”) as prescribed in the Table of Classification of Diseases and Disasters (See attached Table 2).

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