logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2017.07.07 2017가합52138
채무부존재확인
Text

1. The defendant was diagnosed on May 27, 2003, and June 2, 2003 at the National Cancer Center, and he was done on July 3, 2003.

Reasons

1. Indication of claim;

A. On October 1, 2002, the Defendant concluded an insurance contract with the Plaintiff listed in the separate sheet (hereinafter “instant insurance contract”).

After the conclusion of the instant insurance contract, the Defendant paid only up to the premium for December 2002 after the conclusion of the instant insurance contract, and thereafter did not pay the premium thereafter and invalidated the instant insurance contract. On May 22, 2003, the Defendant claimed the restoration of the instant insurance contract on May 22, 2003 when paying the unpaid premium in full.

B. After the restoration of the instant insurance contract, the Defendant was diagnosed by the National Cancer Center on May 27, 2003, and was confirmed on June 2, 2003.

After that, on July 3, 2003, the defendant received crypical cryption from the National Cancer Center for the purpose of treating cypical cryption.

As above, in relation to the fact that the National Cancer Center received the above cancer diagnosis and the above-mentioned medication, the Defendant claimed for payment of KRW 50 million based on the insurance contract of this case to the Plaintiff.

C. According to Article 6 of the insurance contract of this case, the plaintiff's guarantee related to cancer diagnosis begins from the day following the 90th day including the day from the insurance contract date, and the provisions of Article 6 are applied even in cases where the insurance contract is invalidated under Article 17 (2). Thus, the plaintiff's guarantee related to cancer diagnosis shall begin from the day after the 90th day including the day from the day when the plaintiff approved the restoration of the insurance contract.

On the day when the defendant received the above cancer diagnosis and the above-mentioned bill at the National Cancer Center, it is apparent that the previous day from May 22, 2003 to 90 days after the date when the insurance contract of this case was restored is the day after May 22, 2003, and therefore, the defendant does not have an obligation to pay the plaintiff's insurance money to the defendant in relation to the fact that he received the above cancer diagnosis and the above-mentioned bill

In addition, Article 62 of the former Commercial Act (amended by Act No. 12397, Mar. 11, 2014) and the instant case.

arrow