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(영문) 인천지방법원부천지원 2015.12.23 2015가합100463

보험에관한 소송

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On January 22, 2009, the Plaintiff entered into the instant insurance contract between the Plaintiff and the Defendant with the Defendant as the policyholder and the insured.

B. The Defendant received the Defendant’s insurance money under the instant insurance contract, as indicated in the details of payment of the insurance money in attached Form 2, received hospital treatment, etc. for a total of 342 days from March 16, 2009 to January 24, 2015, and received KRW 20,376,660 in total from the Plaintiff according to the instant insurance contract, following the instant insurance contract.

C. The Defendant, including the Defendant’s conclusion of other insurance contracts, entered into six insurance companies and total eight insurance contracts (hereinafter collectively referred to as “total insurance contracts of this case”) as indicated in the status of conclusion of attached Table 3 insurance contracts from August 21, 2008 to December 8, 2014, including the instant insurance contracts. Accordingly, the monthly insurance premiums paid by the Defendant as of the closing date of pleadings of this case are KRW 372,100, and the insurance premiums paid by the Defendant from the insurance companies including the Plaintiff, etc. under the entire insurance contracts of this case are KRW 65,647,225 in total.

[Reasons] Facts without dispute; Gap evidence Nos. 1 through 4; Eul evidence Nos. 5 through 15 (including each number; hereinafter the same shall apply); the insurance development institute, B oriental medical hospital, C/L officer; Eul life insurance company; D hospital; E/L hospital; Qz fire marine insurance company; each inquiry into the submission order to each of the financial transaction information company; or the result of the response to each inquiry into the submission order to each of the financial transaction information;

2. During the period from August 21, 2008 to December 8, 2014, the Defendant, which caused the Plaintiff’s claim, concluded eight contracts with the Defendant as the insured, where the content of guarantee, including the instant insurance contract, is similar (the purport of guaranteeing the daily allowances for hospitalization due to injury or disease, etc.).