The defendant shall pay to the plaintiff 6,00,000 won with 6% per annum from December 11, 2019 to September 24, 2020, and thereafter.

Basic Facts

On December 27, 2006, the Plaintiff entered into an insurance contract with the Defendant (former C Co., Ltd.) for the term from December 27, 2006 to December 27, 2053, with the insured D (hereinafter “the deceased”), the policyholder and the beneficiary as the Plaintiff (hereinafter “instant insurance contract”).

From April 1, 2019 to April 9, 2019, the Deceased died on April 9, 2019, when he was hospitalized in the F Hospital due to an extractment from the F Hospital, or a disease such as an unknown form of behavior or an unknown new Organism (Sick Classification Code D377F).

A doctor G at the F Hospital diagnosed the deceased's sick name as "an abstract behavior pattern is unclear or aesthetic Organisms (P377F)" based on blood and cinematographic tests.

However, the organized inspection was not conducted due to the death of the deceased.

With respect to cancer diagnosis benefits, the insurance contract of this case shall be paid 20% of the subscription amount at the time of diagnosis and determination due to the first other skin cancer, upper cancer, and boundaryal pattern during the insurance period, but it shall be paid 10% of the subscription amount if the subscription amount is less than one year after the subscription.

Article 6 (4) of the Special Terms and Conditions on the Guarantee of Cancer Benefits in the Insurance Contract of this case provides that "The term of boundary species" shall be defined as "I swear that I will tell the disease classified as either an unidentified form or an unregistered new organism in the Korean Standard Disease Classification of Type 4," and Article 6 (5) of the same Act provides that "The diagnosis and confirmation of cancer, other skin cancer, thalthal cancer, and falthalopic species shall be made by a person who has a professional doctor's license of scopic or clinical pathology, and the diagnosis shall be based on the scopic opinion on tissue tests or scopic scopic tests or blood tests."

However, if it is not possible to conduct the above-mentioned pathological diagnosis, clinical studies of cancer, other skin cancer, internal cancer, and boundaryal species.