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(영문) 인천지방법원 2015.12.11 2013가단227852
채무부존재확인
Text

1. The Plaintiff (Counterclaim Defendant) is to pay KRW 10,00,000 to the Defendant (Counterclaim Plaintiff) and its related amount from May 4, 2013 to December 11, 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On September 24, 2008, the Defendant entered into an insurance contract with the Plaintiff as indicated in the separate sheet (hereinafter “instant insurance contract”). Article 46 of the General Terms and Conditions that were received at the time provide that “A company shall fairly interpret the terms and conditions in accordance with the good faith principle, and shall interpret them in favor of the contractor if the meaning of the terms and conditions is not clear.”

B. Upon entering into the instant insurance contract, the Defendant subscribed to the instant special terms and conditions with the purchase price of KRW 20,000,000 (hereinafter “the instant special terms and conditions”). The instant special terms and conditions provide for the following cases where the diagnosis of cancer becomes final and conclusive at the time exceeding one year from the date of the insurance contract based on the purchase price of KRW 10,000,000,000,000.

-Article 1 (Compensation for Damages) ① An insurance company shall pay 10 million won for cancer diagnosis benefits only once for the first time after the date of commencement of cancer security, in cases of the insured's diagnosis allowances for cancer cancer, i.e., thothothothothothotho, thothothothothotho, and 2 million won for other thothothothothotho, thothothothothothothotho, and thothothothothothothothothothothotho

Article 2(Definition and Diagnosis Confirmation of Cancer, etc.) (1) The term " cancer" in this contract means a disease classified as malicious life in the 5th Korean Standard Disease Classification.

However, classification numbers C44 (Other malicious organisms of the skin), C73 (C73 (Athythythythythythythythythythythythy) and bricks are excluded.

(3) In this contract, Gap cancer means a disease with a classification number C73 in the Korean Standard Disease Classification.

(6) The diagnosis and determination of cancer, other skin cancer, Athythy cancer, thythy cancer, or boundaryal species referred to in paragraphs (1) through (5) shall be made.

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