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(영문) 서울고등법원 2017.09.07 2016나2026318

보험에관한 소송

Text

1.The judgment of the first instance shall be modified as follows:

Insurance contracts concluded between the plaintiff and the defendant shall be as shown in Appendix 1.

Reasons

1. Basic facts

A. On April 23, 2013, the Defendant entered into an insurance contract between the Plaintiff and the Defendant with the Defendant as the insured and the beneficiary (hereinafter “instant insurance contract”).

B. The Defendant received the Defendant’s insurance proceeds from May 13, 2013 to June 10, 2013, as indicated in the attached Table 2, received hospital treatment for 29 days from the time when the Defendant received hospital treatment from B Hospital located in Bupyeong-si to Nov. 18, 2014 under the name of the sacratum base, etc., for 340 days in total, and received KRW 9,675,000 in total of the insurance proceeds from the Plaintiff according to the instant insurance contract.

C. From March 5, 2003 to November 28, 2014, the Defendant entered into a total of 18 insurance contracts, including the instant insurance contracts, as indicated in the details of the conclusion of the insurance contracts as shown in attached Table 3, which were named as the insured. Two of which were terminated. As of April 23, 2013, which was the date of the conclusion of the instant insurance contracts, the Defendant entered into 11 insurance contracts with coverage similar to the instant insurance contracts before and after about 20 days from April 23, 2013, and thereafter, seven of which were concluded until November 28, 2014, and the monthly insurance premiums that the Defendant is liable to pay to the Defendant were KRW 57,165 as of November 28, 2014.

[Based on recognition] Unsatisfy, Gap evidence Nos. 1 through 4 (including the number of each number; hereinafter the same shall apply), Eul evidence Nos. 8, Eul personal alone of the courts of the first instance, and the purport of the entire pleadings as a result of the submission of each order to submit financial transaction information to the Ethical life insurance company, KDB life insurance company, NAF insurance company, NHH marine insurance company, Dong Fire and Marine Insurance company, EB Insurance Co., Ltd., interesting country marine insurance company, KB damage insurance company, and Postal Service Information Center

2. The parties' assertion

A. The Plaintiff’s assertion is that the Defendant did not have double reasons to purchase a large number of guaranteed insurance policies, but on April 2013.