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(영문) 인천지방법원부천지원 2015.08.19 2015가합100524

보험에관한 소송

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On October 16, 2008, the Defendant entered into an insurance contract between the Plaintiff and the Defendant (hereinafter “instant insurance contract”) between the Plaintiff and the Defendant as the contractor and the insured.

B. The Defendant received the Defendant’s insurance money, as indicated in the attached Table 2, received from August 11, 2010 to August 19, 2010, the sum of KRW 19,199,96, from the Plaintiff, for 345 days, after receiving hospitalized treatment from the Plaintiff, from around 9 days to December 23, 2014, under the instant insurance contract, from around 345, including that the Defendant had been hospitalized treatment in the name of the ward in the Hadin Hadin C, as well as from August 19, 2010.

C. The Defendant, including the Defendant’s conclusion of other insurance contracts, concluded a total of 15 insurance contracts with 14 insurance companies as shown in the status of conclusion of the insurance contracts between January 27, 1994 and September 4, 2012, including the instant insurance contracts (the total of 13 insurance contracts), and accordingly, the monthly insurance premium that the Defendant is liable to pay as of the closing date of pleadings of the instant case is KRW 834,910.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2, 7 through 10, and the purport of the whole pleadings

2. Grounds for the Plaintiff’s claim

A. From January 27, 1994 to September 4, 2012, the Defendant concluded a total of 15 insurance contracts including the instant insurance contract as the insured.

Before entering into the instant insurance contract, the Defendant already entered into each insurance contract No. 2 or 5 listed in the table No. 2 or 5 from among the current status of the conclusion of the instant insurance contract before entering into the insurance contract. Therefore, even if the Defendant was able to receive at least 60,000 won per day of hospitalization, the Defendant further entered into the instant insurance contract No. 7 from among the current status of the conclusion of the instant insurance contract and the instant insurance contract No.

Afterwards, the defendant's coverage from February 22, 2010 to February 25, 2010 shall be limited to three days.