보험에관한 소송
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On September 28, 2007, the Green Damage Insurance Co., Ltd. concluded the instant insurance contract with the Defendant on September 28, 2007, with the content that the Defendant as the insured would pay the insured the amount of hospitalization allowances for the injury or disease, diagnosis money for a specific injury or disease, etc. (hereinafter “instant insurance contract”).
On May 3, 2013, the Plaintiff acquired the instant insurance contract from the Green Damage Insurance Co., Ltd. according to the FSC’s decision to transfer contracts.
B. From December 12, 201 to January 5, 2016, the Defendant received insurance proceeds totaling KRW 42,943,400,00 from the Plaintiff on the ground of surgery and hospitalization for the treatment of diseases, such as both sides, per se, pathum, satum, satum, satum, satum, high pressure, and satise, according to the instant insurance contract, as indicated in attached Table 2 “the status of payment of insurance proceeds” between December 12, 2011 and January 5, 2016.
C. The Defendant entered into various insurance contracts and received insurance proceeds as shown in the [Attachment 3] List from January 5, 2007 to December 23, 2016 (Provided, That this case’s insurance contracts are excluded from No. 29, 44, and 45) and entered into a total of 72 insurance companies including the Plaintiff, and the contract that remains effective until the date of closing the argument of the instant case is 25 (24 cases in case of the insurance contract whose insured party is the Defendant) and the monthly insurance premium to be borne by the Defendant under the above 25 insurance contracts is 923,626 won in total. Meanwhile, the Defendant entered the insurance contract in [Attachment 3] No. 73 to 75] at the time of concluding the instant insurance contract, and the insurance contract No. 75 was terminated on July 6, 2009 and the insurance contract was invalidated on September 1, 208.
On the other hand, although the insurance contract No. 74 was terminated, there is no evidence to know the date of termination.