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(영문) 서울중앙지방법원 2021.01.14 2019나83221
보험금
Text

1. The part of the judgment of the first instance against the Defendants is revoked, and the Plaintiff corresponding to the revoked part is against the Defendants.

Reasons

1. Basic facts

A. On July 26, 2011, the Plaintiff subscribed to “E”, and subscribed to “F” (hereinafter collectively referred to as “F”) on December 30, 2015, and maintained each of the instant G while paying the insurance premium thereafter.

B. On November 7, 2017, the Plaintiff subscribed to the “H Insurance” (hereinafter “instant D”) to receive KRW 50,000,000 upon diagnosis of six major diseases following the commencement date of the guarantee, designating the insured person as the Plaintiff himself/herself, upon the recommendation of Defendant C by Defendant C, with Defendant D Co., Ltd. (hereinafter “Defendant Insurance Company”).

(c)

After joining the instant case D, the Plaintiff terminated each of the instant G on November 9, 2017.

(d)

The Plaintiff was diagnosed by the I Hospital on December 12, 2017.

E. The main contents of the terms and conditions of the instant D (hereinafter “instant terms and conditions”) are as follows.

Article 3 (Definition and Confirmation of Diagnosis of 6 Large-Scale Diseases) ① In this contract, the term “six major diseases” means “important cancer”, “cerebral cerebral cerebrovascular,” “emergency cardiopulmonary tymosis,” “mathropic tymosis,” “mathropic tymosis,” and “mathic pulmonary disease” as specified in attached Table 4 (Definition of 6 Large-Scale Disease).

2. In this Agreement, the term "fluoral cancer" means a disease corresponding to the classification number C50 [fluoral marity marity marries in the classification of the 7th Korean Standard Disease from among the "important cancer" as defined in paragraph 1.

Article 8 (Reasons for Payment of Insurance Payments) The Company shall pay the insured the insurance proceeds agreed upon to the beneficiary in any of the following cases:

2. When an insured person has been diagnosed and confirmed as “six-Party Disease” on or after the date of commencing the 6th Disease Guarantee” as stipulated in Article 28(5) during the insurance period: Article 9 (Detailed Provisions on the Payment of Insurance Money) of the 6th Disease Guarantee Insurance Contract (2) of the Act on the Payment of Insurance Money for the 6th Disease Guarantee.

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