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(영문) 부산지방법원 2018.04.13 2017가단302765
채무부존재확인
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The plaintiff (Counterclaim defendant) is 150 million won against the defendant (Counterclaim plaintiff).

Reasons

1. Facts of recognition;

A. The relationship between the parties and the content of the insurance contract 1) The Plaintiff, on January 8, 2016, as the Defendant’s spouse B, as the insured on January 8, 2016, is an insurance contract as shown in attached Table 2 (hereinafter “instant insurance contract”).

(2) The insurance contract of this case was concluded. 2) The insurance contract of this case consists of the main contract (a total of KRW 100 million), the second third CI guarantee special contract (a renewal type), IV (a subscription amount of KRW 40 million), and V (a renewal type), and the contract of this case (a special agreement of this case). According to the insurance contract of this case, if B is diagnosed and confirmed as a "serious disease" after the commencement date of the heavy disease and operation during the insurance period, the insurance contract of this case is the "check insurance money" under the main contract and the amount of which is KRW 80 million, which is 800,000,000 won of the basic insurance money (a total of KRW 10,000,000,000,000 won) and if diagnosis becomes final and conclusive within a period of less than one year from the date of the first contract after the commencement date of the guarantee of cancer during the insurance period of the insurance contract of this case.

3) The terms and conditions of the prime contract and the terms and conditions of the instant special agreement are as follows. [The term and conditions of the prime contract] Article 3 (Definition and Confirmation of Serious Disease" and Mascopic Disease"] ① The term "serious disease" in this contract refers to "serious cancer", "serious acute scopic scopic scopic scopic scopic scopic scopicscopics", "serious scopic scopic scopic scopicscopicscopic scopicscopics", "mascopic scopic scopicscopic scopicscopics", and "mascopic scopic scopic diseases"

2. Where the insured has been diagnosed and confirmed as "serious images and corrosion (damage by chemicals, etc.)" during the insurance period, or where he/she has received the diagnosis and determination.

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