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1. The plaintiff's lawsuit against the defendant B shall be dismissed.
2. Attached Form 2 with respect to claims for insurance proceeds as stated in Attached Form 1.
Reasons
1. Facts of recognition;
A. A. Around August 2008, the Plaintiff entered into an insurance contract (hereinafter “instant insurance contract”) with the Defendant A and the beneficiary, the Defendant B and the insured, as indicated in attached Form 2 (hereinafter “instant insurance contract”).
B. Around July 2013, Defendant B, as a result of the self-official film (MRI) inspection conducted at the Hanyang University Hospital, claimed KRW 10 million insurance money according to the instant insurance contract (hereinafter “instant accident”). The Defendant A claimed against the Plaintiff for KRW 10 million according to the instant special terms and conditions on the security of brain strokes among the instant insurance contract.
C. The terms and conditions of the instant case pertaining to the instant case are as follows.
Article 1 (Compensation for Loss) The Plaintiff shall pay the following amount to the beneficiary only once for the first diagnosis where the insured stated in the insurance policy is finally confirmed to be brain stroke during the insurance period of this Special Terms and Conditions.
Article 2 (Definition and Confirmation of Diagnosis of Brain) (10 million won when diagnosis is conducted for more than one year and more than 5 million won, 10 million won when diagnosis is conducted within one year of the diagnosis of the brain stroke (i.e., brain stroke) (hereinafter referred to as the "stroke"), refers to the thalke of the 5th Korean Standard Medical Disease Classification, which is classified into brain stroke, cerebral stroke, and other non-cerebral strokeic stroke, cerebral stroke, cerebral stroke, and strokeic stroke (attached Table 5).
(2) The diagnosis and confirmation of brain shall be conducted by a hospital or clinic prescribed in Article 3 (2) of the Medical Service Act, or by a medical specialist (excluding dentists) of a medical institution recognized by the company as equivalent thereto, and the diagnosis shall be conducted by a person with a medical license (excluding dentists) of a medical institution, and the diagnosis shall be conducted together with a medical and neological examination, e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-