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(영문) 창원지방법원 2014.12.09 2014나2796
보험금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On January 29, 2002, the Plaintiff concluded an zero-phone or health insurance contract (hereinafter “instant insurance contract”) with the Defendant and the insured from January 21, 2002 to January 21, 2045.

B. The insurance contract of this case provides that the insured shall be diagnosed and confirmed as a major sexual disease stipulated in the terms and conditions, including the amount of the above trapsic, and that the insured shall be paid the hospitalization cost of 60,000 won per day exceeding 3 days (120 days per time of hospitalization) and 60,000 won per day for the purpose of the treatment directly.

C. Meanwhile, Article 15 of the terms and conditions of the instant insurance contract provides that “in the instant insurance contract,” “in cases where it is deemed necessary to provide medical treatment due to a person qualified as a doctor, dentist, or oriental medical doctor, and where it is difficult to provide medical treatment at home, etc., it refers to the act committed by entering a domestic hospital or clinic under Article 3(2) of the Medical Service Act or an overseas medical institution recognized as equivalent thereto and transferred to the treatment under the control of a doctor.”

In May 2010, the Plaintiff observed the trabal disease in the lower part of the body body body at the examination conducted by B Hospital in the upper part, and thereafter, on November 26, 2010, at the examination conducted at the tracking police station of the above hospital, the trabal disease in the lower part of the body body body body was observed more worse. At this time, at the organizational examination conducted by the foregoing hospital, the MALT mphoma was suspected of being changed to the National Cancer Center, and the National Cancer Center was subject to the diagnosis and confirmation of the non-flabal disease on December 20, 2010, after receiving the diagnosis and confirmation of the liver cancer, and received the labal malcopic malmp and liver cancer treatment from the lower part of the body body.

E. From January 7, 2011 to January 17, 2011, from February 18, 201 to April 19, 2011, from April 23, 2011 to May 2, 2011; and from May 24, 2011 to June 29, 201, the Plaintiff hospitalized B Hospital located in Kimhae-si, Kimhae-si, and was hospitalized in the said area; and

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