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(영문) 의정부지방법원 2015.10.16 2014가단27340
채무부존재확인
Text

1. The plaintiff is based on the insurance contract stated in the attached Table No. 2 concerning the insurance accident stated in the attached Table No. 1.

Reasons

1. Basic facts

A. On February 24, 2012, the Defendant entered into an insurance contract with the Plaintiff, the policyholder and the insured, the Defendant’s insurance period, from February 24, 2012 to February 24, 2065 (hereinafter “instant insurance contract”).

B. According to Article 2 of the Terms and Conditions of the Insurance Contract in the instant case, where the Defendant, the insured, was diagnosed as a cerebrovascular disease during the insurance period, the Plaintiff is obliged to pay insurance proceeds of KRW 10 million at the first time only once for the medical examination cost of the cerebrscular disease.

(hereinafter referred to as the “instant insurance terms and conditions”) C.

Article 1 of the Insurance Terms and Conditions of the instant case provides that “the definition and confirmation of diagnosis of cerebrovascular diseases” shall be as follows:

(1) The term "cerebrovascular disease" means a disease specified in attached Table 14 (Classification of cerebrovascular Diseases) in the 6th Korean Standard Disease Classification.

(2) The diagnosis and confirmation of a brain-related disease shall be conducted by a person with a certificate of qualification (excluding dentists) from a hospital specified in Article 3 (2) of the Medical Service Act or from a medical institution recognized as equivalent thereto, and the diagnosis shall be conducted based on the effication of brain-related stories, self-official image (MRI), cerebrovascular efficition, double-electronic emission efficition (PET), efficiology (SPEC), effication of cerebrsacy, etc. along with a medical and neological examination.

On February 15, 2014, the Defendant issued a medical certificate to the effect that cerebrovascular disease (i.e., 167.9 on the Korean Standard Disease Classification), high blood pressure (i.e., chronologicality, primary features, primary features, telegraphs), detailed notified salivism, and salivism disorder. On February 17, 2014, the Defendant claimed payment of KRW 10 million to the Plaintiff according to the insurance contract of this case.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Determination:

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