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(영문) 서울중앙지방법원 2020.08.20 2017가합523127

보험에관한 소송

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On March 31, 2008, D Co., Ltd. (hereinafter “D”) concluded an insurance contract (hereinafter “instant insurance contract”) with E and the insured as the Defendants and with the same content as indicated in the attached Table 1 that guarantees general injury, temporary living expenses, hospitalization expenses, etc. (hereinafter “instant insurance contract”).

Since then, the contractor of the instant insurance contract was changed from E to Defendant B.

B. On May 3, 2013, the Plaintiff (F Co., Ltd.) acquired the status of insurer of the instant insurance contract from D through a decision to transfer a contract under Article 14(2) of the Act on the Structural Improvement of the Financial Industry.

C. From June 4, 2008 to February 23, 2017 after the conclusion of the instant insurance contract, Defendant C appears to be a clerical error due to an error in calculation, as shown in the attached Table 2, which caused the instant insurance accident under the instant insurance contract.

B In the course of being hospitalized in B, insurance money of KRW 54,145,347 (general injury, temporary living expenses, hospitalization expenses, etc.) was paid by the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6 (including paper numbers; hereinafter the same shall apply), each entry into the National Health Insurance Corporation, G Council members, Haryaryary department, I hospital, J Council members, K Council members, L Lb Council members, and the result of response to each order of submission of documents to M20, the purport of the whole pleadings

2. The summary of the Plaintiff’s assertion appears to be a clerical error due to the error calculated, as stated in the purport of the claim and the application form for modification of the cause of the claim, dated May 20, 2020, 167, among the periods for which Defendant C received hospitalized treatment.

As a result of the examination of medical records on work, Defendant C was hospitalized for at least 58 days, as stated in the attached Table 2 “number of days of excessive hospitalization” as stated in the “number of days of excessive hospitalization.”

Since the fiduciary relationship, which forms the basis of the instant insurance contract, has been destroyed due to such falsity and excess hospitalization, and thus, the Plaintiff was unable to maintain the instant insurance contract as it is, therefore, on May 20, 2020.