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(영문) 대구지방법원서부지원 2016.01.14 2015가합5065

보험에관한 소송

Text

1. The insurance contract concluded between the plaintiff and the defendant is invalid.

2. The defendant is about 9.9% for the plaintiff.

Reasons

1. Facts of recognition;

A. On April 6, 2011, the Defendant concluded a child insurance contract between the Plaintiff and the insured as specified in the attached Form B (hereinafter “instant insurance contract”).

B. B had been hospitalized from C Medical Center over 23 times during a total of 240 days between November 11, 2011 and January 30, 2015, and received insurance money totaling KRW 9,350,000 according to the instant insurance contract from the Plaintiff.

C. From March 28, 2011 to July 15, 2011, the Defendant concluded a total of 8 insurance contracts with the Plaintiff that guarantee the disease and injury expenses incurred during the period of hospitalization, etc. between KRB life insurance company (hereinafter “corporation name”) new life insurance, merz fire insurance, oriental chemical insurance, and modern marine fire insurance. Accordingly, the Defendant received total of 50,700,000 won from the time of the closing of argument in the instant case to the time of the closing of argument. The payment premium is KRW 190,970 per month.

[Ground of recognition] The non-contentious facts, Gap evidence Nos. 1 through 3, 5, 6, Eul evidence Nos. 2 (including additional numbers), KDB life insurance, new life insurance, merz fire insurance, results of inquiries and inquiries about Chinese currency damage insurance, Cmedical personnel, results of the order of submission of each document to the National Health Insurance Corporation, and the purport of the whole pleadings

2. The Plaintiff asserted that the Defendant concluded multiple guaranteed insurance contracts that are similar in a short period before and after the conclusion of the instant insurance contract, and the total amount of premiums that the Defendant is obligated to pay to an insurance company upon entering into multiple insurance contracts exceeds the amount of income of the Defendant. At the time of entering into the instant insurance contract, false notice was given, such as hiding the fact of entering into the instant insurance contract with another insurance company, and even though the instant insurance contract was an insignificant disease, B was hospitalized for a long time after the conclusion of the instant