1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Basic facts

A. On April 10, 2001, the Plaintiff entered into an insurance contract with B as the insured under attached Form 2 (hereinafter “instant insurance contract”).

The insurance contract of this case includes security to guarantee cancer hospitalization expenses (payment of more than three days but more than 100,000 won per day when hospitalization is held for not less than four consecutive days, up to 120 days), and cancer care expenses (payment of KRW 10 million when the surviving hospitalization is discharged after hospitalization for not less than 121 days). The terms and conditions of the insurance contract of this case stipulate that “when the insured is hospitalized for a direct purpose of cancer treatment”, “in case of hospitalization expenses and health care expenses” are paid.

B. The Defendant was diagnosed on March 16, 2012 at Samsung Seoul Hospital, and was subject to the food cancer control on May 16, 2012.

C. In addition, the Defendant received hospital treatment, etc. related to food cancer by November 26, 2012 at C convalescent hospitals, D clinicss, and E Hospital hospitals. In this regard, the Plaintiff paid KRW 39,560,000 of the insurance money, such as cancer hospitalization and medical care expenses.

The defendant, as described in attached Table 1, was hospitalized after being diagnosed with malutical maritis, hydropathitis, chronic hydropathyitis, and re-explosion infection in C convalescent hospital for 68 days from March 26, 2013 to June 1, 2013, from June 3, 2013 to October 5, 2013, as described in attached Table 1.

(2) On March 26, 2013 to June 1, 2013, the term “first hospitalization” refers to “first hospitalization”; from June 3, 2013 to October 5, 2013, the term “second hospitalization” refers to “second hospitalization”; and at the same time, “each of the instant hospitalization” refers to “each of the instant hospitalization” in case of Japan.

On February 19, 2014, the Defendant claimed that the Plaintiff for cancer hospitalization expenses and medical care expenses according to each of the instant hospital treatment, but the Plaintiff refused the payment thereof.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence No. 1, the purport of the whole pleadings

2. The parties' assertion

A. Each of the instant cases asserted by the Plaintiff is not directly aimed at cancer treatment, but also side effects arising from psychotropic cancer treatment.