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(영문) 대구지방법원김천지원 2019.10.24 2017가단30398

보험금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. C entered into a DNA contract with the insured and the beneficiary as the plaintiff. On August 16, 2002, the diagnosis was confirmed as a cerebrovascular disease and the direct purpose of the treatment is to directly be conducted, for more than four consecutive days, the expenses for hospitalization of 30,000 won per day from 3 days to 31 days if the defendant continued to be hospitalized, the expenses for hospitalization of 1 million won per discharge when he/she is alive and discharged, and the expenses for medical care of 1.2 million won per discharge when he/she continued to be hospitalized for more than 121 days, and the expenses for nursing of 2 million won per discharge when he/she is alive and discharged (hereinafter “the contract of this case”). On October 6, 2003, the contract of this case is referred to as “each insurance contract of this case” and the contract of this case is referred to as “each insurance money” and “each insurance contract of this case”).

B. On May 14, 2007, the Plaintiff was hospitalized in G Hospital located in Daegu, Seo-gu, Daegu, for 128 days from May 9, 2016 to September 13, 2016, and received rehabilitation treatment due to brain flasing on September 14, 2009.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 12, Eul evidence 3 and 4, the purport of the whole pleadings

2. The Plaintiff asserted that the Plaintiff was hospitalized for 128 days from May 9, 2016 to September 13, 2016, and claimed insurance proceeds under each of the instant contracts to the Defendant upon receiving rehabilitation treatment of the left arms and legs caused by cerebrovascular diseases, but the Defendant refused to pay the insurance proceeds, and the Plaintiff became subject to mental shock.

Therefore, the Defendant, as the beneficiary of each of the contracts of this case, KRW 9,000,00 (=insurance amount of KRW 6,600,000 according to the contract of this case = Insurance amount of KRW 6,60,000 (= Disease treatment cost of KRW 3,600).