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1. In accordance with the insurance contract in the attached Table 1, the Plaintiff (Counterclaim Defendant) related to the insurance accident in the attached Table 2.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On March 28, 2007, the Defendant concluded an insurance contract in the attached Table 1 (hereinafter “instant insurance contract”) with the Plaintiff, the insurer, as the insurer.
B. According to the insurance contract of this case, the security of cancer diagnosis expenses shall be paid twice the purchase amount of the insurance only once when the diagnosis of a specific cancer (the remaining cancer, the 0% of the purchase amount of the insurance when the diagnosis is conducted for less than one year), and 50% of the purchase amount of the insurance when the diagnosis of a cancer (excluding other skin cancer) is conducted only once (the purchase amount of the insurance when the diagnosis is conducted for less than one year) (the purchase amount of the purchase amount of the insurance when the diagnosis is conducted for less than one year), and the purchase amount of the cancer diagnosis expenses during the insurance period (except for the internal cancer, borderal flasium, and
(Article VII). (c)
The Defendant paid the agreed insurance premium after the insurance contract date to the Plaintiff, and received insurance money of KRW 12,500,000 (the amount equivalent to 50% of KRW 25,000,000, since it was less than one year from the insurance contract date) from the Plaintiff under the care of the General Cancer on January 4, 2008.
As above, the Plaintiff paid general cancer diagnosis expenses to the Defendant, despite the termination of the instant insurance contract, the Plaintiff continued to receive from the Defendant each month 70,575 won from January 25, 2008 through August 25, 2017, for the period of 116 months from January 25, 2008 to August 25, 2017.
E. On March 15, 2010, the Defendant claimed a specific cancer diagnosis fee against the Plaintiff on September 25, 2017 on the ground that he/she was diagnosed by the General Cancer, but the Plaintiff refused to pay the insurance money.
[Reasons for Recognition] Gap evidence 1 to 5, Eul evidence 1, 2, 4 to 6
2. The parties' assertion
A. (i) Despite the fact that the instant insurance contract was extinguished, the Plaintiff continued to receive insurance premiums from the Defendant after the payment of the insurance money, and was diagnosed on March 15, 2010 during the insurance period, and thus, is a specific cancer.