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1. The Plaintiff (Counterclaim Defendant) paid KRW 42,400,000 to the Defendant (Counterclaim Plaintiff) and against this, from June 5, 2013 to October 17, 2014.
Reasons
1. The following facts may be found either in dispute between the parties or in full view of the entries in Gap evidence 1, 2, and Eul evidence 1, 2, and 3 and the whole purport of the pleadings:
Around May 20, 201, the Plaintiff, running non-life insurance business, is the insured and beneficiary of the Defendant, and the insurance period is from May 20, 201 to May 20, 2064. The insurance period is from May 20, 2011 to May 20, 2064. The Plaintiff entered into an insurance contract (hereinafter “instant insurance contract”) in the attached Table (2) that provides that only the first time when the diagnosis of cancer becomes final and conclusive during the insurance period, KRW 50 million (general cancer diagnosis expenses), KRW 10 million at the time of the first diagnosis and confirmation of boundary species, KRW 60 million at the time of an operation, and KRW 60 million at the time of the operation for direct purpose of the treatment, and that only one first time during the operation for direct purpose shall be paid as insurance money.
From that time, the defendant paid the premium.
B. Of the terms and conditions of the instant insurance contract, the content of cancer and boundary species are as follows.
75.In the General Terms and Conditions of Cancer, Article 3 (Definition and Confirmation of Maump and Maumpamp, Maumpology) (1) The term "Maump" in this Special Terms and Conditions means the following diseases in the basic classification of the Korean Standard Classification of Diseases in the sixth Standard Classification of Diseases:
1. "Cancer" means a disease (see attached Table 22) classified as a malicious life ( cancer) (hereinafter referred to as the "Canceral Life (Canceram) table;
5. The term “datisical species” means diseases (see Appendix 21) classified as either behavioral pattern or aesthetic life (see Table 21, e.g., Table).
② “암관련질병”의 진단확정은 해부병리 또는 임상병리의 전문의사 자격증을 가진 자에 의하여 내려져야 하며, 이 진단은 조직(fixed tissue)검사, 미세바늘흡인검사(fine needle aspiration) 또는 혈액 hemic...