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(영문) 서울남부지방법원 2019.12.13 2018가합113059

손해배상(기)

Text

1. The Plaintiff:

A. As to the corresponding amount paid in attached Form 1 among the above amount of KRW 238,570,346 and the above amount of KRW 238,570.

Reasons

1. Basic facts

A. The Plaintiff is a company established for the purpose of running life insurance business and its incidental business, and Defendant B is the contractor, the insured, and the beneficiary who entered into an insurance contract with the Plaintiff on September 8, 1992 (Securities Number F).

Defendant B is the insured and beneficiary of G (securities No. H) insurance contract concluded with the Plaintiff on July 23, 1998, and Defendant C is the changed beneficiary of G insurance contract, and Defendant D is the policyholder of G insurance contract and the changed beneficiary.

B. Defendant B was sentenced to one year and six months of imprisonment on February 14, 2017 for the following criminal facts (Seoul District Court 2016No2122), and Defendant B’s appeal against this was dismissed on July 21, 2017 (Seoul District Court 2017No724), and Defendant B’s withdrawal of appeal was finalized on August 11, 2017.

(Supreme Court Decision 2017Do12784). Criminal facts, when the Defendant performed an operation or hospitalized due to a disease or a disaster, the Defendant, using the terms and conditions of the above insurance products that are provided with the insurance products, failed to actually require hospitalization, and even if he/she wants to receive the insurance money, such as hospitalization expenses and hospitalization allowances, he/she did not receive proper hospitalization after being formally hospitalized at a hospital which is easy to be hospitalized, and going out or staying outside, while staying outside. Even if the disease requires hospitalization, the Defendant was hospitalized for a long period of time as necessary, and was hospitalized for a long period of time after receiving the pertinent hospital’s adequate hospitalized treatment, and had the relevant documents necessary for receiving the insurance money, such as a certificate of hospitalization, discharge, diagnosis, etc., stating that he/she had undergone proper hospitalized treatment

On November 29, 2007, the Defendant committed a crime as if it was necessary to complete hospitalized treatment even though the symptoms were not serious and the Defendant did not receive hospitalized treatment. < Amended by Presidential Decree No. 20457, Dec. 22, 2007>