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(영문) 광주지방법원 2017.11.30 2017가합52714

보험에관한 소송

Text

1. It is confirmed that the insurance contract indicated in the attached Form 1 insurance contract that the Plaintiff entered into with the Defendant is invalid.

2...

Reasons

1. Basic facts

A. On May 17, 2012, the Plaintiff and the Defendant entered into an insurance contract indicated in the separate sheet No. 1 with the insured as the Defendant himself/herself (hereinafter “instant insurance contract”). The instant insurance contract includes matters as security to pay the daily amount of hospitalization when the insured is hospitalized due to illness or injury.

나. 피고는 2012. 11. 8.부터 2012. 11. 27.까지 20일 동안 B의원에서 쯔쯔가무시병의 진단으로 입원치료를 받은 것을 비롯하여 그 무렵부터 2017. 2. 2.까지 별지2 기재와 같이 협심증, 무릎뼈의 연골연화증, 갑상선 결절, 전십자인대의 파열, 요추의 염좌 및 긴장 등의 병증으로 47회에 걸쳐 총 852일간 입원치료를 받았다

(hereinafter “instant insurance accident”). C.

The Defendant’s insurance contract as the insured is 23 cases as shown in Appendix 3 (excluding insurance contracts invalidated before the conclusion of the instant insurance contract), and the amount paid by the Plaintiff to the Defendant is 1,061,124 won, and the amount confirmed as the insurance amount paid by multiple insurers including the Plaintiff is 83,693,49 won.

The defendant reported and paid the income tax to the tax authority in 2013 at KRW 1,293,100 (income amount of KRW 6,700,00). There was no tax return and payment in 2011, 2012, 2014, and 2015, and there was no tax return and payment except for the automobile tax paid from 2011 to 2015.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 6, and 9 (including branch numbers if there are branch numbers; hereinafter the same shall apply), each fact inquiry results with respect to Cvalescents, D oriental medical hospitals, E oriental medical hospitals, Fvalescent hospitals, G hospitals, H oriental medical hospitals, and I convalescent hospitals of this Court, the results of this Court’s order to submit each document to the Gwangju Regional Headquarters of the National Health Insurance Corporation, the Insurance Development Institute, and the Korea Insurance Corporation (hereinafter “Stock Company”) of this Court.