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(영문) 서울중앙지방법원 2019.05.14 2017가합561853

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 September 7, 2007, the Defendant concluded the instant insurance contract with C Co., Ltd. and the insured as the Defendant, and the main collateral is as follows.

1) General injury, temporary living expenses: In case the insured has suffered bodily injury due to a sudden and remote outpatient accident, causing trouble to his living function or business ability, and has received treatment by hospitalization, the amount of insurance money of KRW 20,000 per day of hospitalization shall be paid for only the day of hospitalization within 180 days from the date of the accident. 2) In case of injury and hospitalization medical expenses II: the insured shall be paid as insurance money a maximum of KRW 30,000,000 according to the terms and conditions of the contract at the time of the hospitalization into the hospital or the clinic as an injury.

3) Expenses for hospitalization with a disease: 20,000 won per day of hospitalization shall be paid as insurance money for the day of hospitalization within the limit of 180 days when the insured is hospitalized in a hospital or a clinic due to a disease; 4) Expenses for hospitalization with a disease: The insured shall be paid as insurance money a maximum of 30,000,000 won per day of hospitalization when the insured is hospitalized in a hospital or a clinic due to a disease.

B. The Plaintiff succeeded to the rights and obligations under the instant insurance contract by the Financial Services Commission under Article 14(2) of the Act on the Structural Improvement of the Financial Industry through a decision to transfer a contract on May 3, 2013.

(hereinafter referred to as “Plaintiff” and “C” are not distinguished, and all of them are referred to as “Plaintiffs”.

The Defendant was paid KRW 68,650,982 from October 21, 2008 to July 17, 2017 by the Plaintiff for the following reasons:

Serial 12081021 Payment Date of the payment of the number of days of hospitalization for the commencement of the treatment of the hospital for treatment of the disease from the date of the accident (won) 12008,101 2008, 33 200909 14,263,700 20102 201020203 2015 2010218 4 20102010218 20103 201029 20103 20120719 20120719 201207 207 35208 208 208 20129 208296,420 40 201325 201325 203,25325,201325 2013.