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(영문) 서울중앙지방법원 2017.01.10 2015가단5018810
보험금
Text

1. The Defendant shall pay to the Plaintiff KRW 16,00,000 and the interest rate of KRW 15% per annum from February 18, 2015 to the date of complete payment.

Reasons

1. Facts of recognition;

A. On November 7, 2008, the Plaintiff entered into a health injury insurance contract with the Defendant [the policyholder and the insured: the Plaintiff, the beneficiary: statutory heir, and the insurance period from November 7, 2008 to November 16, 2000 (the automatic renewal by the time of 79 in the absence of a separate declaration of intention from the policyholder) of the insurance premium payment or the contractor; hereinafter “instant insurance contract”]. Of the content of the instant insurance contract, the special terms and conditions for cancer diagnosis expenses (hereinafter “instant insurance contract”) determined that the insurance amount of KRW 20,000,000 as stated in the insurance policy shall be paid only once after the date of confirmation of cancer diagnosis stipulated in the terms and conditions after the date of guarantee.

(Provided, 20 per cent of the purchase amount of insurance shall be paid for 10 per cent, 20 per cent, 20 per cent, 30 per cent,00 per cent,00.

The insurance clause of this case provides for the definitions and diagnosis confirmation of cancer as follows:

1) In this Agreement, “Cance” means a disease classified as malicious life in the 4th Korean Standard Disease Disease Classification, except for the above classification. 4) In this Agreement, the term “dietal species” refers to a disease that is classified as an unidentified or aesthetical life in the 4th Korean Standard Disease Classification.

5 The diagnosis and confirmation of cancer, other skin cancer, internal cancer, or borderal spawn shall be made by a person with a professional doctor's license of autopsy pathology or clinical pathology, and this diagnosis shall be based on the present opinion about organization, spawninology test, or blood examination.

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

In such cases, the insured shall be diagnosed or treated with cancer, other skin cancer, internal cancer, or borderal pattern.

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