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(영문) 수원지방법원안산지원 2017.05.31 2016가단14133
보험금지급
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On December 30, 1995, the Plaintiff concluded an insurance contract with the Defendant and the maturity date on December 30, 205, with the Plaintiff and the beneficiary as the heir at the time of maturity injury and death, designating the Plaintiff and the beneficiary as the Plaintiff and the beneficiary at the time of death.

(hereinafter “instant insurance contract”. The content of the insurance policy that was issued to the Plaintiff at the time of the conclusion of the instant insurance contract is to pay KRW 20,000 per day more than three days and more per day when the Plaintiff continued to be hospitalized for the purpose of directly treating cancer or cryp cancer, and the starting date of the liability for cancer guarantee is from the date following the date when 90 days elapsed including the date when the contract was concluded.

On March 29, 2011, the policyholders and beneficiaries of the instant insurance contract were changed from the Plaintiff to B.

On July 16, 2015, the Plaintiff was diagnosed as the right-side rock, and discharged on August 1, 2015, after implementing the right-side preservation method and the amount and the forest-fluorging peripheral method on July 28, 2015.

On November 14, 2015, after the discovery of the studal paper in the internal border examination, it was diagnosed as the studal rock whose upper part of the organizational examination was affected by the string of the studal paper.

The Plaintiff hospitalized in C Hospital for 104 days from August 19, 2015 to February 25, 2016, and for 42 days from March 14, 2016 to April 26, 2016.

【Ground of recognition】 The fact that there has been no dispute, Gap 1-3 (including virtual number), the purport of the whole pleading

2. The assertion and judgment

A. Since the Plaintiff, the insured of the instant insurance contract, who was the Plaintiff’s assertion, was hospitalized for 146 days in total for the treatment after cancer diagnosis, the Defendant is obligated to pay to the Plaintiff the sum of KRW 29.2 million (=146 days x 200,00 won/1 day) for 146 days according to the instant insurance contract.

B. 1) The Plaintiff is merely the insured of the instant insurance contract, and the beneficiary is not the Plaintiff, and thus, the Plaintiff still has no right to claim for cancer hospitalization benefits under the instant insurance contract on the premise that the Plaintiff is a beneficiary of the instant insurance contract.

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