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1.The judgment of the first instance shall be modified as follows:
The defendant shall pay to the plaintiff KRW 32,000,000 and the defendant shall pay to the plaintiff September 2013.
Reasons
1. Determination on the cause of the claim
A. The facts of recognition 1) On August 31, 2012, the Plaintiff is an amount equivalent to KRW 20,000,000 for basic subscription amount and KRW 12,000,00 for long-term care nursing benefits (this is the amount equivalent to KRW 20,000 for each month’s subscription amount and KRW 20,000 for five years (60,000 for 60,000 for 20,000 for each month’s subscription amount) where B is subject to a long-term care rating by the National Health Insurance Service Review Committee.
[2] The term “the instant insurance contract” under the Insurance Contract (Hi1207) that is to receive the payment of the 100-year-old Nursing Insurance (Hi1207) (hereinafter “instant insurance contract”).
2) On March 25, 2013, Samsung Seoul Hospital was diagnosed as Alz’s disease, and on September 5, 2013, it was determined by the National Health Insurance Corporation as the first class of long-term care.
3) On September 10, 2013, the Plaintiff filed a claim with the Defendant for payment of KRW 32,00,000,000, based on the insurance money under the instant insurance contract. However, on November 1, 2013, the Defendant refused to pay the insurance money upon notifying the Defendant that the instant insurance contract was terminated on the ground that the Plaintiff was hospitalized in the Central Hospital before entering into the instant insurance contract, but did not notify the Defendant of the termination at the time of entering into the instant insurance contract. (4) According to Article 35 of the General Terms and Conditions of the instant insurance contract (hereinafter “Terms and Conditions of the instant contract”), the Defendant shall pay the insurance money within three business days from the date of receipt of the documents claiming the insurance money from the beneficiary or the policyholder, and if the insurance money was not paid within the said payment date, the payment period from the following day to the date of payment by adding the insurance loan interest rate to the insurance money calculated as a unit of welfare to April 30, 2014.
recognized.