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(영문) 대구고등법원 2015.07.09 2014나21909
채무부존재확인
Text

1.The judgment of the first instance shall be modified as follows:

In relation to the hospitalization of the Defendant-Counterclaim Plaintiff (Counterclaim Plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The following facts do not conflict between the parties, or are found as a result of the fact inquiry into the medical corporation of the first instance court of the first instance as to the Maio Medical Foundation Native Hospital of the same medical foundation (hereinafter “Magju Hospital”), as stated in the evidence Nos. 1, 2, 3, and 1, 1, 2, and 3, and the purport of the entire pleadings in light of the results of the fact inquiry into the medical corporation of the first instance as to the Maio Medical Foundation Native Hospital of this Court (hereinafter “Magju Hospital”).

On August 26, 2005, the Plaintiff entered into the instant insurance contract with the Defendant (hereinafter “instant insurance contract”) on August 26, 2005.

The instant insurance contract guarantees the payment of KRW 150,000 per cancer day, etc., and the contents of the special terms and conditions on the cancer daily allowance (hereinafter “instant terms and conditions”) are as follows.

6. (Daily Allowances for Hospitalization) Where the insured is diagnosed and determined as cancer, stove cancer, and other skin cancer after the date of commencement of guarantee, and where he/she has been hospitalized for at least four consecutive days for direct purposes of the treatment, he/she shall be paid for the following day:

50% of the amount of subscription to the special agreement per day of hospitalization exceeding 1 year from the date of the insurance contract for cancer hospitalization per day after more than 3 days from the date of the insurance contract for cancer hospitalization per day (Provided, That 20% of the amount of subscription to the special agreement per day of hospitalization exceeding 3 days in the case of 3 days) 100% of the amount of subscription to the special agreement per day of hospitalization exceeding 3 days from the date of the insurance contract (Provided, That 20% of the amount of subscription to the special agreement per day of hospitalization exceeding 3 days in the case of surface cancer, border species, and other skin cancer

B. From April 23, 2013, the Defendant, including the Defendant’s hospitalization, has been hospitalized.

5. Until July 1, 200, hospitalization in a hospital for the relevant year.

4. 24. The left-hand side of a 24. The year in which he/she has undergone an operation to remove the species of his/her two leaves;

5.12. Hospitalization; and

6.8. Radioactive treatment and heat treatment received until 8.

2. The defendant shall begin on June 12, 2013 and continue on September 1 of that year.

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