보험에관한 소송
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim (including the part extended from the trial) is dismissed.
3...
1. Basic facts
A. On June 5, 2007, the Defendant entered into an insurance contract between the Plaintiff and the Defendant with the Defendant as the contractor and the insured as indicated in the attached Table 1 (hereinafter “instant insurance contract”).
B. The Defendant received the Defendant’s insurance money, as indicated in the attached Table 2, received hospital treatment for 20 days from March 24, 2010 to April 12, 2010, as well as hospital treatment for 266 days from that from that time, and received KRW 29,464,580 in total from the Plaintiff according to the instant insurance contract after being hospitalized for 266 days until April 30, 2016.
C. The Defendant, including the Defendant’s multiple insurance contracts, concluded a total of nine insurance contracts as indicated in the status of conclusion of the insurance contracts between March 25, 2005 and September 7, 201, including the instant insurance contracts, as shown in the attached Table 3. (The current insurance contracts are total of seven cases) Accordingly, the monthly insurance premium that the Defendant is liable to pay as of the closing date of pleadings is KRW 389,557.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, 11, and 12 (including paper numbers), the purport of the whole pleadings
2. From March 25, 2005 to September 7, 2011, the Defendant asserted by the Plaintiff concluded nine insurance contracts, including the instant insurance contract, whose coverage is similar.
After that, even if the monthly insurance premium for the seven insurance contracts maintained by the defendant (excluding the insurance contracts terminated or terminated by the defendant and the insurance contracts for Samsung Fire Insurance and Esmeras Ameras, the defendant did not have an economic ability to pay the above insurance premium at the time of being up to 389,557 won.
At the time of concluding the instant insurance contract with the Plaintiff, the Defendant did not notify the fact that another insurance company was insured.
From March 24, 2010 to April 30, 2016, the Defendant maintained the Defendant as well as receiving insurance money of KRW 29,464,580 from the Plaintiff after receiving multiple hospital treatment for a total of 266 days.