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(영문) 대구지방법원포항지원 2015.11.24 2015가합347

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. Facts of recognition;

A. On February 4, 2005, the Defendant concluded an insurance contract with the Plaintiff with the same content as the attached Table 1 (hereinafter “instant insurance contract”).

B. From February 16, 2005 to March 15, 2005, the Defendant received hospital treatment for reasons of livering, high blood pressure, and absence surgery at the Posidong-dong, Nam-gu, Nam-gu, and received KRW 1,735,160 as insurance money from the Plaintiff on April 12, 2005, and received KRW 91,403,225 as insurance money under the insurance contract of this case from March 10, 2014 to several medical institutions having received hospital treatment for 65 times in total.

C. From September 5, 2014 to September 13, 2014, the Defendant received hospitalized treatment on the grounds of livering, chronic B-type infection, and A-raying, from the Gmna University and the Gmna University and the Gmnae Hospital located in 65 pule-ro Ying-ro Ying-si. On September 19, 2014, the Defendant filed a claim against the Plaintiff for payment of KRW 485,920 insurance proceeds.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Gap evidence Nos. 5 through 71 (including paper numbers), the purport of the whole pleadings

2. The plaintiff's assertion that the defendant concluded the insurance contract of this case with the plaintiff from January 11, 2005 to the same year.

2. From February 2005, after entering into an insurance contract with 12 other insurance companies up to 15, the defendant claims insurance proceeds with hospitalization and discharge repeatedly from February 2, 2005. Considering the fact that an excessive insurance contract was entered into with the defendant's revenues at the time, the defendant mainly concluded an insurance contract that mainly pays daily allowances for hospitalization, the defendant's claim for insurance proceeds began for 10 years as long as the insurance contract was concluded, and the defendant's hospitalization and claim for insurance proceeds continued for 10 years as long as the insurance contract was concluded, and the name of the patient diagnosed in the course of claiming insurance proceeds is not a disease requiring long-term hospitalization. Nevertheless, considering the fact that the defendant returned to several hospitals under the same diagnosis name and repeated hospitalization and discharge.