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(영문) 수원지방법원 2016.05.18 2014가단3203
채무부존재확인
Text

1. On July 15, 1995, between D and the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Defendant) of the Plaintiff (Counterclaim Defendant).

Reasons

1. Evidence 【Evidence” 1 through A11, 12-1, 2, 13-1, 2, 14, 15, 16, 16, 1, 2, and the purport of the whole pleadings;

A. On July 15, 1995, D and the Plaintiff entered into a cancer insurance contract with the content that D shall pay DNA cancer surgery funds when the diagnosis of D was finalized for the first time, and it was performed for the direct purpose of the treatment of such cancer.

(2) Article 11(1) of the Insurance Terms and Conditions provides that "when a cause falling under any of the following occurs to an insured worker after the date of commencement of liability stipulated under Article 4 (Effect of Contracts) during the insurance period, the company shall pay insurance money agreed upon to the beneficiary per unit of contract [see attached Table 1], and subparagraph 4 of the same Article provides that "when the insured first diagnosis is finalized for cancer and undergoes an operation for the direct purpose of treatment of such cancer: Payment of insurance money: The insured worker shall be paid three million won per operation when the first diagnosis is finalized after the date of commencement of liability stipulated under Article 4 (Effect of Contracts) and the insured worker shall be paid for the first time after the date of commencement of liability stipulated under Article 1 (Conclusion and Effect of Special Agreement on Guarantee of Women's Specific Cancer" (see attached Table 1), and Article 5(1) of the same Act provides that "when any of the following causes occurs to the insured worker after the date of commencement of liability under Article 1 (Conclusion and Effect of Special Agreement)", the insured worker shall be paid insurance money to the insured worker under attached Table 1]:

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