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(영문) 울산지방법원 2015.06.05 2014가단54396
보험에관한 소송
Text

1. With respect to the accidents described in paragraph 1 of the Schedule, time-limit for the insurance contract described in paragraph 2 of the Schedule.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On March 30, 2012, the Plaintiff concluded an insurance contract between the Defendant and the Defendant, setting the Defendant as the insured, as specified in attached Table 1 (hereinafter “instant insurance contract”).

B. At the time of the conclusion of the instant insurance contract, the Defendant subscribed to the “Cance Examination Expenses” in duplicate at each time of renewal as to the “Cance Examination Expenses,” the payment of which may be increased or decreased, and the “Cance Examination Expenses,” the fixed insurance premium by the maturity of the insurance period, and the Plaintiff guaranteed the Defendant the payment of insurance proceeds under the name of the “Cance Examination Expenses,” with the following content. The Plaintiff guaranteed the Defendant: (a) the purchase price of KRW 30,000 (50%) of the purchase price for the maximum compensation limit for the subscription period from March 30, 2012 to March 30, 2012 (the expiration period of less than one year) for cancer diagnosis expenses (the renewal period of KRW 50%) for the purchase price (the expiration period of KRW 20,000,000 for the first 30 to March 30, 2015).

C. Details of the terms and conditions concerning cancer diagnosis costs, including the renewal form among the instant insurance are as shown in the attached terms and conditions.

On the other hand, the Plaintiff prepared in advance the terms and conditions of the instant insurance contract to the effect that “if the insured is diagnosed as a sort of boundary, the amount of 0.1 times the insurance proceeds related to the cancer diagnosis expenses shall be paid only once for the first time, respectively.”

E. On November 29, 2013, the Defendant: (a) discovered the types of stuffed drugs after undergoing the internal border test at the Ulsan National University Hospital; and (b) discovered them and received the types of melted drugs; and (c) on December 9, 2013, the above hospital doctor B issued, through the organizational inspection reading board, a written diagnosis stating that “the disease name” column “C20” and “the International Disease Classification Number” column “C20” and “the fladiopulmonary Treatment Hospital” column “on November 29, 2013. The Defendant removed the types of melted drugs; and (d) issued a written diagnosis stating that the organization prosecutor was the opinion that the fladation was the result of the fladial species.”

F. On December 2013, the Defendant asserted that the Plaintiff was diagnosed with the captain.

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