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(영문) 의정부지방법원 2012.05.10 2011나7162
채무부존재확인
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On July 11, 2003, the Defendant entered into an insurance contract of the “Life Insurance Class II” in the attached list, including the Plaintiff and the General Agreement for Cancer, the Special Agreement for the Guarantee of Specific Diseases, and the Special Agreement for the Guarantee of Operation (hereinafter “instant insurance contract”).

B. Among the terms and conditions of the above special agreement on the guarantee of specific diseases (hereinafter “the terms and conditions of the special agreement on the guarantee of specific diseases of this case”), the major contents pertaining to the nine diseases operating allowances are as follows.

The terms and conditions of the General Agreement on the Guarantee of Specific Diseases, Article 9, the definition and confirmation of the diagnosis of the specific disease under this Special Agreement, the terms and conditions of the General Agreement on the Guarantee of Specific Diseases, the terms and conditions of the General Agreement, the terms and conditions of the General Agreement, the terms and conditions of the General Agreement, the terms and conditions of the General Agreement, and the term “the

2. The term “nine-class diseases” means diseases classified as urology, heart disease, high blood pressure, cerebrovascular disease, transboundary disease, chronic smoking disease, sulphalopic disease, sulphalopic disorder, Athroopic disorder, and sulphalopic disease (see attached Table 3’s Schedule 3).

Article 12. The company subject to the payment of insurance proceeds and the company subject to the payment of insurance proceeds shall pay the insurance proceeds agreed upon to the beneficiary when any of the following events occurs to the insured during the insurance period of this special agreement:

3. Where the insured is diagnosed and confirmed as the nine-class disease after the date of commencing responsibility for the insurance period, and he/she undergoes an operation for the purpose of directly treating the nine-class disease: Detailed Regulations on the Payment of Insurance Money under Article 13 of the 9-class Medical Care Allowances. (2) In cases falling under subparagraphs 2 and 3 of Article 12 (Types and Grounds for Payment of Insurance Money)

(Attachment 1) Benefit table: Amount paid when the insured undergoes a surgery accompanied by hospitalization for the direct purpose of treating 9 major diseases during the insurance period (Article 12 subparagraph 3 of the Terms and Conditions): (The amount to be paid per operation).

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