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(영문) 서울중앙지방법원 2015.08.13 2014가단5141836
보험금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On June 15, 2013, the Plaintiff subscribed to Defendant B Company (hereinafter “Defendant Company”) and D Insurance (hereinafter “instant insurance”) through Defendant C, an insurance solicitor, and paid the first insurance premium once on the day. The main content of the instant insurance contract is as follows.

1) Insured: The insurance period of Plaintiff 2: (a) from June 15, 2013 to June 15, 2076: (b) the matters covered by Article 4(2) of the Insurance Terms and Conditions of this case (Article 4(2) of the Insurance Act provides that “The starting date of guaranteeing cancer (the starting date of liability) shall be the day after the lapse of 90 days including the day from the insurance contract date, and the starting date of guaranteeing cancer and Apamam shall be the date of the insurance contract.”

B. On April 4, 2006, the transfer of the instant insurance contract, the Plaintiff entered into a contract with E Co., Ltd. to receive KRW 40 million upon diagnosis of a serious disease, etc. (hereinafter “existing insurance”) and continued to pay the insurance premium. The Plaintiff cancelled the existing insurance on June 18, 2013, immediately after the purchase of the instant insurance.

C. In the health examination on September 3, 2012, the Plaintiff received a report on the outcome that “A maximum of approximately 1.06 cm size is observed at the reservoir of the early high wave test. Although there is a high possibility of training, the Plaintiff attempted to conduct tracking and observation through the early high frequency test, which is applied in six months after the date,” and was diagnosed on August 21, 2013.

[Ground of recognition] Facts without dispute, Gap 2, 3, 5, Eul 3 (including virtual numbers), the purport of the whole pleadings

2. Determination as to the main claim against the defendant company (the insurance money claim)

A. The Plaintiff’s assertion that the instant insurance accident occurred upon the Plaintiff’s diagnosis on August 21, 2013. As such, the Defendant Company, according to the insurance contract, added up KRW 40 million to the Plaintiff, KRW 10 million to the renewed type of cancer diagnosis, KRW 10 million to the cancer diagnosis, and KRW 910,000 per cancer hospitalization.

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