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(영문) 서울중앙지방법원 2015.01.09 2013가단5186351
보험금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. (1) On January 12, 2006, the Plaintiff entered into an insurance contract with the Defendant, with the insured as the Plaintiff’s son B, and with the insurance period until January 12, 2035, and with the beneficiary’s non-distribution Schlage Green Insurance Co., Ltd., the Plaintiff as the Plaintiff.

(2) Of the instant insurance contract, the payment of KRW 50 million for the diagnosis of cancer after 2 years from the date of the insurance contract, KRW 5 million for the diagnosis of boundary species, other flachisium and flachisium cancer after 2 years from the date of the insurance contract, KRW 5 million for the diagnosis of cancer (excluding other flachisium, flachisium, and flachisium), KRW 3 million for the first time during the operation of cancer (excluding other flachisium, flachisium, and flachisium).

B. Under the terms and conditions of the insurance contract of this case, the classification between general cancer and upper cancer is defined separately as general cancer and upper cancer, and only the relevant part is extracted as follows.

Article 16 [Definition and Diagnosis Confirmation of Various Cancers] (1) In this contract, the term “cancer” means any disease (other than malicious cancer) classified as malicious life in the 4th Korean Standard Disease Disease Classification (see attached Table 2).

However, other skin cancer, Pacific cancer, boundaryal species, and ion cancer shall be excluded from the above classification.

- [Attachment 2] ABE - The Maternio Classification (excluding other skin cancer) - The disease classified as malicious life as provided for in Article 16(1) of the Terms and Conditions refers to the following diseases among the Korean Standard Disease Death Classification (Statistics Notice No. 2002-1, January 1, 2003) as amended.

However, in the Korean Standard Disease Classification after the fifth amendment, if any, a disease under the terms and conditions other than the following diseases, it shall also be included in the Korean Standard Disease Classification:

In this contract, the term "the fluorum cancer" in this contract shall be set forth in the fluoral black type C43 of the skin of the target malicious life classification o.

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