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(영문) 서울중앙지방법원 2019.03.29 2017가합530019

보험에관한 소송

Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Facts of recognition;

A. 1) C Co., Ltd. (hereinafter “C”)

(3) On March 18, 2009, the Defendant and the Defendant as the insured (hereinafter “instant insurance contract”) are the insurance contract indicated in the separate sheet between the Defendant and the Defendant as the insured.

(1) On May 3, 2013, the Plaintiff entered into a contract with the Financial Services Commission to acquire various insurance contracts, including the instant insurance contract, from C through a decision on contract transfer (hereinafter collectively referred to as “Plaintiff”).

2) Of the security contents of the instant insurance contract, ① The amount of expenses for hospitalization of a disease is KRW 20,000 per day of hospitalization within the limit of 180 days when the insured was hospitalized in a hospital or a clinic due to a disease, and ② The amount of expenses for hospitalization of a disease is KRW 100,000 per day of hospitalization within the limit of 180.

B. From May 27, 2010 to January 12, 2015, the Defendant was hospitalized in 15 times in total for 270 days due to an insured event that occurred from May 27, 2010 and received insurance proceeds. Under the instant insurance contract, the Defendant received total of KRW 23,575,921 from the Plaintiff. 2) Specific details such as the Defendant’s hospitalization and the receipt of insurance proceeds are as follows.

Serial 12010-05-27 2010-27 30, 2010-01-04 201-04 2010-08-06 2010-08-06 132012-02010-08-06 2013 2012-02-02030-18 2012-2030-18 2012-2030-18 2012-203-2018 2012-203-203-203-20320-18 201-29-12-205 201-29-12-205 20-29-14 201-25.