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(영문) 부산지방법원 2019.09.24 2019가단312315
보험금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 15, 2014, Nonparty C, the husband of the Plaintiff’s insurance contract, concluded a D contract with the Defendant as the insured and beneficiary (hereinafter “instant insurance contract”).

The main content of the instant insurance contract is to pay KRW 50 million to the contractor [the amount of KRW 20 million for cancer diagnosis expenses of general terms and conditions, and the amount of KRW 30 million for cancer diagnosis expenses of special terms and conditions (II)] when receiving a diagnosis of the disease of “am” during the insurance period.

B. Each of the insurance terms and conditions that adopt the instant insurance contract with the definition of “Cance”, etc. in the instant insurance contract and the method of confirming the diagnosis thereof (hereinafter “the instant insurance terms and conditions”) provide for the grounds for payment of insurance money, the definition of “Cance”, and the method of determining the diagnosis as follows

(1) Where the insured is diagnosed and determined as "Cance cancer" after the date of guarantee under Article 26 (4) or becomes final and conclusive after the date of guarantee under Article 26 (1) (the first insurance premium and the commencement of guarantee of the company), the company shall pay cancer diagnosis expenses to the beneficiary when it has become final and conclusive after the date of guarantee under Article 26 (1) during the insurance period.

Provided, That the "Cancer Disease of Cancer, etc." shall be paid only once the first diagnosis is finalized, and where the "Cancer Disease of Cancer, etc." is diagnosed and determined by one disease, one diagnosis fee shall be paid.

Article 4 (Definition and Diagnosis Method of Cancer, Spot Cancer, Other Aprymopia, Apopia, Apopia, and Apopiaia under this Agreement) (1) The term "Apopia" in this Agreement means diseases classified as malicious life (as shown in attached Table 3 [Attachment 3] in the 6th Korean Standard Disease Classification.

However, prior to changing into the former cancer, malmalgant is defined as malmarant.

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