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(영문) 대구지방법원 2015.10.16 2014가단48139
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant’s list on May 14, 2012 with the Plaintiff

2. When entering into the written insurance contract (hereinafter “instant insurance contract”), the said insurance contract added a security for diagnosis costs to the stroke as a selective contract. Article 4 of the Terms and Conditions on the Guarantee of Diagnosis Costs (hereinafter “instant Special Agreement”) of the stroke-type brain covered by the said insurance contract provides that “When the Defendant, who is the insured, was diagnosed as a stroke-type brain during the insurance period, he/she shall pay KRW 30 million, which is 100,000, to the stroke-type only once for the first time.”

B. With respect to the disease classified as “strokes”, the instant special agreement stipulates as follows.

Article 3 (Definition and Diagnosis Confirmation of Brain) (1) of this Special Terms and Conditions refers to the disease (attached Table 13) classified as brain stroke in the Korean Standard Industrial Disease Classification for the sixth Korean Standards. (See attached Table 13).

(3) The diagnosis and confirmation of a brain stroke shall be conducted by a hospital, a clinic, or a person with a physician's license (excluding dentists) of a medical institution recognized by the company equivalent thereto as equivalent thereto as determined by Article 3 (Medical Institution) of the Medical Service Act, and the diagnosis shall be conducted based on the cerebral Computer System Visualis (Brain CTS), self-official image (MRI), cerebral ecephical ephical ephical ephical ephical ephism (PET), ephical ephical ephical ephical ephan (PECT), ephical ephical epha

[Attachment 13] The following diseases are included in the Korean Standard Industrial Disease Classification (Statistics Notice No. 2010-246, January 1, 2011) under the 6th revised Korean Standard Industrial Disease Classification Clause.

Sector Sub-Class (SU) Classification Code

1. Prop-to-propopsis;

2. Brain;

3. Other non-permanent blood transfusions.

4. Color;

5. Closure of, and a collaboration with, a brain electric beer which does not cause any bovine spongiform encephalopathy;

6. Closure of an anti-cerebrovascular which does not cause any cerebral tension; and

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