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(영문) 서울중앙지방법원 2018.09.12 2017가단5217437
보험금
Text

1. The Defendant’s KRW 36,00,000 as well as annual 5% from October 23, 2015 to November 23, 2017 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On September 29, 2011, the Plaintiff entered into a non-dividend New Daily Insurance Type 3 (net security type, insurance policy number B) with the insurance period as of September 29, 2041, with the Plaintiff as the insured between the Defendant and the Defendant.

(hereinafter “instant insurance”) was concluded.

The cancer diagnosis benefits under the above insurance contract are KRW 20,00,000 when less than two years from the contract date for general cancer, KRW 40,000 after two years from the contract date, KRW 2,000,000 after the contract date, and KRW 4,00,00 after two years from the contract date.

B. The Plaintiff was diagnosed by Nonparty 1’s malicious life (C73) and the Glimf’s secondary malicious life (C77) at the National University Hospital of the Republic of Korea. On October 14, 2015, the Plaintiff was subject to Party 1’s scambling and scambling at the central level, and confirmed that there was a scambling of Party 1’s upper scam cancer as a result of organizational testing performed after the surgery.

C. On October 19, 2015, the Plaintiff filed a claim with the Defendant for the payment of insurance proceeds, and the Defendant paid KRW 4,000,000 to the Plaintiff on November 19, 2015.

The part relating to this case among the insurance clauses of this case is as follows.

Article 15 (Definition and Confirmation of 'Cam', 'other skin cancer' and 'Aam') (1) The term 'Cam' in this contract means the disease specified in attached Table 4 (except for 'Aam' and Aam' cancer) in the 6th revised Korean Standard Disease Classification and Private Life Classification.

However, the classification number C44 (Other malicious organisms of the skin), classification number C73 (Adext's malicious life) and pre-adex's status (pre-existing status of cancer) are excluded.

(2) In the case of a disease classified as cancer referred to in paragraph (1), the term "cryp cancer" means the disease corresponding to the classification number C50 (Tropical cancer of a bank) among the Korean Standard Disease and Private Sector VI amended.

3. The contract shall be made.

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