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(영문) 광주고등법원 2016.07.20 2015나13170

보험계약무효확인 등의 소

Text

1. The plaintiff's appeal against the defendants is dismissed.

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

purport, purport, and.

Reasons

1. Basic facts

A. On March 30, 200 and July 30, 2001, Defendant A concluded each of the instant insurance contracts with the Plaintiff with the content that Defendant B, the insured’s mother, and the beneficiary of the insurance, designated himself as the beneficiary of the insurance, and that, in the event the insured undergoes treatment for injury or disease, Defendant A entered into the instant first and second insurance contracts with the content that he received the daily amount of hospitalization from the Plaintiff.

B. On February 14, 2002, Defendant B concluded the instant 3 and 4 insurance contracts with the Plaintiff as the insured, and with the beneficiary of the insurance money in the event of injury as the beneficiary of the insurance money designated Defendant A as the beneficiary of the insurance money, respectively, with the content that the insured is receiving the treatment for injury or disease by hospitalization from the Plaintiff.

C. From October 31, 2003 to November 21, 2003, Defendant B received treatment by being hospitalized in C/L for 22 days on the ground of official insurance, as indicated in Table 1, up to 35 days until August 11, 2014. Defendant A received treatment by being hospitalized for 32,479,505 won in total as insurance money for Defendant B’s hospitalization treatment according to each of the insurance contracts of this case (i.e., insurance money under the 1/70,965,863 won under the 3/3 insurance contract of this case). However, according to the court’s fact inquiry, the Defendants asserted that the insurance money under the 3/15,473,100 won under the 3/3 insurance contract of this case and the insurance money under the 4/1340,352 under the 4/100 insurance contract of this case, and the Defendants asserted that the insurance money of this case was paid to Defendant B, 1364, 15365, and 1314 of this case.