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(영문) 광주지방법원 2016.10.13 2015가합52932
채무부존재확인
Text

1. In relation to the admission of the Defendant No. 2 in the [Attachment 1] list of the Defendant’s admission, and the Defendant’s waste electric utility as of December 2, 2014.

Reasons

1. Basic facts

A. On November 29, 1994, the Defendant concluded an insurance contract with the Plaintiff, which is an insurance company, indicated in the attached Table 1’s list as follows (hereinafter “instant insurance contract”).

The Defendant Insured: The Defendant’s insurance period of insurance: on November 29, 2014: A cancer hospital benefit when the first cancer diagnosis is finalized: At the time of hospitalization for not less than four days (not less than three days but not more than one day per day) for the purpose of directly performing cancer treatment: 3,00,000 won per week when he/she undergoes surgery for the purpose of cancer treatment (per time).

B. The Defendant was hospitalized in each hospital as shown in the annexed list 1 of hospitalization.

(hereinafter referred to as “first hospitalization” and the hospitalization No. 2 by the No. 1 is c. (hereinafter referred to as “second hospitalization”).

Around 199, the Defendant was diagnosed as celebrite cancer and received celebrosis surgery at the Jeonnam University Hospital on April 27, 1999. Since 2003, the Defendant received mpherical surgery at a hospital B and changed several hospitals, and was hospitalized more than 120 times in total.

As to this, the Plaintiff paid KRW 408,339,04 in total with cancer admission allowances, cancer surgery allowances, etc.

On December 4, 2014, the Defendant filed a claim with the Plaintiff for the payment of cancer hospitalization benefits for hospitalization No. 1 and 2, and for the payment of cancer surgery benefits for pulmonary cover operation conducted at B Hospital on December 2, 2014, but the Plaintiff rejected.

E. The main contents of the insurance contract of this case relating to the defendant's claim for insurance money are as shown in Appendix 2.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4-1, 2, 6-2, and Eul evidence No. 6, the purport of the whole pleadings

2. As to the existence of the obligation to pay cancer admission benefits

A. As to the first hospitalization, the Plaintiff asserted by the first party that the Defendant is a convalescent hospital, that the medical institution hospitalized by the Defendant was not a convalescent hospital, that the said hospital did not provide medical services directly aiming at the treatment of cancer, during the period of hospitalization, the Defendant’s main symptoms are the catum, telegraphic pain, right shoulder, and the right shoulder.

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