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(영문) 수원지방법원 2019.03.28 2017가합24765
채무부존재확인
Text

1. The plaintiff is based on the insurance contract stated in the attached Table No. 2 with respect to the accident described in the attached Table No. 1.

Reasons

1. Basic facts

A. On October 1, 2007, the Defendant concluded an insurance contract (hereinafter “instant insurance contract”) with the Plaintiff for the purpose of insurance business as shown in paragraph (2) of the attached Table No. 2.

Among the terms and conditions of the instant insurance contract, the contents relating to the instant case are as follows.

Article 2 (Definition and Diagnosis Confirmation of Brain) (1) The term "stroke" in this Special Terms and Conditions refers to a disease classified as brain stroke specified in [Attachment 15] in the 4th Korean Standard Drick Disease Disease Classification.

(2) A diagnosis final and conclusive of a brain shall be conducted by a hospital, a clinic, or a person with a physician's license (excluding dentists) of a medical institution recognized by the company equivalent to the hospital under Article 3 (2) of the Medical Service Act, and such diagnosis shall be conducted based on the brain computer-oriented single floor image (MRI), the nuclear strokeic image (MRI), the strokeic strokeic erostrophic etrophic etrophic ecos (PEC), the ecosic ecosive ecos (PEC), the ecosic etrophic ecos examination, etc.

[Attachment 15] The following diseases are the stroke classified as brain stroke specified in the dtroke of the dtroke of the 4th Korean Standard Disease Disease Classification (Enforcement Date of the Statistics Korea Notice No. 2002-1, January 1, 2003).

(1) Macro-cerebral typosis under the classification number of the diseases covered by the disease, such as non-cerebral typosis and other non-cerebral typosis typosis which do not cause the cerebral typosis typosis, and the macp typ typ typ typosis 160 I60 I62 I63 I65 I6

B. On March 20, 2017, C implemented Brain MI at a D hospital due to the sporain MI’s symptoms, etc., and received the final diagnosis of “ cardio-cerebrovascular (I610-1, hereinafter “the instant injury and disease”)” from D Hospital E on March 31, 2017.

C. On March 31, 2017, the Defendant claimed insurance money, such as brain strokes, against the Plaintiff, but the Plaintiff is not brain strokes.

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