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(영문) 서울중앙지방법원 2019.12.03 2018가단5276334
보험금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On April 6, 2009, the network D (EE; hereinafter “the network”) concluded an insurance contract on the attached list with the Defendant and the Deceased as the insured (hereinafter “the instant insurance contract”).

The plaintiffs are women of the deceased.

B. Article 15(1) of the General Terms and Conditions applicable to the instant insurance contract is the following (hereinafter the instant exemption from liability).

The Company shall not compensate for any loss caused by the following causes:

7. A pregnancy, childbirth (including kings), miscarriage or surgery, or other medical treatment for the insured. However, in the case of injury borne by the company, compensation shall be made for the injury.

C. On July 8, 2015, the Deceased was diagnosed by the head of the F Hospital as a result of the inspection by visiting the F Hospital, and was diagnosed by the head of the H Hospital located in Jung-gu Incheon Metropolitan City. On July 14, 2015, the Deceased was diagnosed by the head of the relevant minister’s quality, quality, blood pressure, and blood transfusion as a result of the inspection by visiting the H Hospital located in Jung-gu Incheon Metropolitan City.

On February 28, 2016, the Deceased was hospitalized in the above H Hospital on February 29, 2016, and received a shotum dysium (dysium) (dysium) and a shot-factory dysium (dysium).

However, the state of the deceased was aggravated after the surgery due to negligence of the medical team at H Hospital's medical team, delay in the diagnosis of the leakage of the parts of the body, and the active treatment of the leakage of the parts of the body. On April 14, 2016, the deceased died of a multi-faceted surgery after the occurrence of the fladic shock after the outbreak of the fladic shock.

The Plaintiffs filed a lawsuit against the relevant medical corporation at the Incheon District Court on the grounds that the deceased died from the medical personnel’s negligence in the course of treatment after a surgery, on the grounds that the deceased died in the process of performing a stong medication (abundation), a stong-factory coloning.

In the above case, the Incheon District Court caused damage to the deceased's extraction site by negligence in the course of the operation, or caused leakage in the pansium or the pansium, and then, caused the prolonged damage or the leakage of the pansium after the operation.

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