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(영문) 서울중앙지방법원 2020.07.15 2017가합530002

보험에관한 소송

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. On May 20, 2008, the Defendant and C Co., Ltd. and the Defendant concluded each insurance contract on May 20, 2008, each of the attached Tables 1 and 2, stating that the Defendant as the insured covers the expenses for hospitalization, bodily injury, medical expenses for disease, hospitalization, expenses for the seven-year illness treatment, expenses for the specific female disease treatment, etc. (hereinafter “instant insurance contract”).

According to the insurance contract of this case, the defendant paid 20,000 won per day of hospitalization from C Co., Ltd. for only 180 days of hospitalization as injury, and 5,000,000 won per day of hospitalization as injury medical expenses, 30,000 won per day of hospitalization for 4 days or more as disease medical expenses, 8,000,000 won per day of hospitalization as disease medical expenses, 2,00,000 won per day of hospitalization for 7 days or more, and 20,000 won per day of hospitalization for 4 days or more as disease medical expenses, and 50,000,000,00 per day of hospitalization for 4 days or more as female specific disease medical expenses.

On May 3, 2013, the Plaintiff (D Co., Ltd.) acquired the status of insurer of the instant insurance contract from C Co., Ltd. upon a decision to transfer a contract under Article 14(2) of the Act on the Structural Improvement of the Financial Industry.

The Defendant received insurance proceeds totaling KRW 29,711,618,00 from the Plaintiff for 286 days on the ground of an insured incident of 11 cases (for example, No. 7, No. 8) between October 4, 2009 and January 8, 2017, as indicated below, due to the following:

(including the details of payments, hereinafter the same shall apply) . - The contents of the instant hospitalized treatment - EF G HF HF HF F F - The absence of dispute, Gap evidence 1 through 6, Eul evidence 24 and 25 evidence (including each serial number; hereinafter the same shall apply) and the purport of the entire pleadings.

2. The gist of the Plaintiff’s assertion is 15 days out of 24 days of hospitalization from among the Defendant’s contents of hospitalized treatment.