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서울중앙지방법원 2015.08.10 2014가단213606

보험금

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. On December 22, 1998, the Plaintiff’s wife B determined the insured and the beneficiary at the time of hospitalization with the Defendant from December 22, 1998 to December 22, 2024 as the Plaintiff’s insurance period, the Plaintiff’s insurance period from December 22, 1998, as the first time after the date of the commencement of the responsibility for the diagnosis as “one-twelve diseases of human beings,” such as high blood pressure, cerebrovascular diseases, and urology,” and concluded a contract with the Defendant for more than 31 days, 121 days, 181 days, and 31 to 120 days after the date of the discharge, with the total amount of KRW 5 million for the Plaintiff’s and the beneficiary at the time of hospitalization, and the amount of KRW 10 million for more than 181 days for hospitalization and for more than 40 days per day by hospitalization (hereinafter “the instant insurance contract”).

B. Under the insurance contract of this case, the Plaintiff was hospitalized for 185 days from February 28, 2007 to August 31, 2007, and was hospitalized for 14.2 million won on September 14, 2007, and was hospitalized for 185 days from February 18, 2008 to August 20, 2008, and was hospitalized for 14.20 million won on September 2, 2008, and 13.6 days from March 11, 2009 to September 23, 2009; and was hospitalized for 13.6 days from September 21, 2009 to September 16, 2016, and was hospitalized for 3.6 days from September 23, 2009 to 16.1.6 days from September 20, 201; and was hospitalized for 13.6 days from June 21, 2012.

C. Notwithstanding the absence of the need to be hospitalized by the Plaintiff, the Defendant filed a complaint for fraud on the ground that the Plaintiff received the total sum of KRW 599,960,000 from 2006 to 2012, but the Plaintiff was subject to disposition on March 2, 2014, such as the charge of false evidence (defluence of evidence).

Since then, the Plaintiff was hospitalized for 127 days from March 11, 2013 to July 15, 2013, and on July 11, 2014.