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(영문) 서울고등법원 2016.06.03 2015나2048953
채무부존재확인
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) are dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).

Reasons

1. The grounds alleged in the judgment of the court of first instance do not differ significantly from the contents alleged in the judgment of the court of first instance, and the evidence submitted in the judgment of the court of first instance added up the respective descriptions of evidence Nos. 7 through 9 submitted in the court of first instance. Even when the deceased was hospitalized in an E hospital, the court affirmed the judgment of the court below that the Defendants were not obliged to pay insurance money to the deceased during the period of hospitalization from January 1, 2013 to March 5, 2013; ② from March 7, 2013 to August 11, 2013; ③ from August 14, 2013 to June 24, 2014 (However, the Plaintiff excluded from the claim of the court of first instance for hospitalization after January 1, 2014; thus, the Plaintiff was also subject to the Defendants’ obligation to pay insurance money to the deceased, who was hospitalized in the judgment of the court of first instance, from March 7, 2013 to June 24, 2014.

Therefore, the reasoning of this court’s judgment is the same as that of the judgment of the court of first instance, and thus, it is decided to accept this as it is in accordance with the main sentence of Article 420

[The plaintiff asserts that in the case of a party, the hospitalization is not for the direct purpose of the treatment of cancer, since it is merely merely for the deceased to have received treatment under the Mesa Act in order to alleviate the post-treatment from the sources of recovery after anti-patry cancer treatment during the period of hospitalization in the case of this case, or to provide ancillary treatment to the merged evidence, and it is not for the treatment to eliminate the serious symptoms caused by the removal of cancer, control the proliferation of cancer, or cancer, and therefore, the above hospitalization is not for the purpose of the treatment of cancer.

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