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(영문) 수원지방법원 2017.07.11 2016가단542757
보험금 채무 부존재 확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 1, 2015, the Defendant subscribed to the insurance product listed in the separate sheet sold by the Plaintiff (hereinafter “instant insurance”).

B. At the time of the purchase of the above insurance, the Defendant entered into a “special agreement for guaranteeing actual medical expenses (Renewal type and non-payment)” with the following contents:

C. At the time of entering into the insurance contract of this case, the Defendant exceeded the boundaries of both sides, to the extent that it could not be easily seen, and 1.0 years old, both of the correction visual forces, respectively.

Around February 20, 2016, the Defendant received a diagnosis of a disability in both banks of the early matha and in detail of the adjustment of unknown details (at that time, correction eyesight was 0.7, 0.8) as a result of the internal examination of the limit hospital of the Maternal Medical Foundation located in Ansan-si, and the treatment was conducted on April 5, 2016, the Defendant was hospitalized in the above hospital and was discharged from the same operation on the next day.

E. On April 16, 2016, after the execution of the above surgery, the Defendant’s vision was restored to the extent that it could not be used with a horn or contact lenses, respectively, 1.0 on the two sides.

F. On April 19, 2016, the Defendant filed a claim for insurance proceeds of KRW 2,252,244 on the basis of the instant insurance contract’s non-compensation guarantee agreement with respect to treatment in the early white paper. On October 2016, the Plaintiff refused payment on the ground that the Plaintiff’s payment of insurance proceeds of KRW 309,782 to the Defendant of KRW 309,782, but the Plaintiff’s payment on KRW 1,942,372 of the cost of materials for multiple artificial insemination in the first place used for the foregoing artificial insemination inserted in the artificial insemination plant was non-compensation

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion “multi-point artificial insemination surgery” is intended to substitute an “bater, contact lenses, etc.,” which does not pay insurance money according to the terms and conditions.

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