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(영문) 서울중앙지방법원 2016.03.18 2015가합516675

보험에관한 소송

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. From August 31, 2007 to January 12, 2015, the Defendant concluded an insurance contract with several insurers, including the Plaintiff, six times as follows:

(hereinafter referred to as the “instant insurance contract”). The Defendant subscribed to a special agreement relating to hospitalization whenever concluding the insurance contract.

On August 27, 2008, Plaintiff 123,290 won of the comprehensive insurance policy with no dividends, 30,000 won per day when he/she is hospitalized for more than three days due to a disaster; KRW 96,200 of the National Federation of MG Saemaul Community on August 31, 2007; KRW 50,000 per day when he/she is hospitalized; KRW 30,000 per day when he/she is hospitalized; KRW 131,160 on March 6, 2009; KRW 20,000 per day when he/she is hospitalized; KRW 131,000; KRW 20,000 per day when he/she is hospitalized; KRW 20,000 per day when he/she is hospitalized; KRW 20,000 per day; KRW 30,000 per day when he/she is hospitalized; KRW 50,50,000 per day after being hospitalized;

B. From March 5, 2009 to October 15, 2015, the Defendant filed a claim against the Plaintiff for KRW 57,585,821 in total, on the ground that the Defendant hospitalized the Plaintiff for 542 days due to disease and disaster, and spent medical expenses.

The Plaintiff paid the Defendant totaling KRW 49,419,270,000.

[Ground for recognition: Unsatisfy facts, Gap evidence 1 through 6, Eul evidence 1 (including branch numbers; hereinafter the same shall apply)

(2) 【Each entry】

2. The plaintiff's assertion that the defendant concluded six insurance contracts with five insurance companies after August 2007, and concluded six insurance contracts with a total of 477,930 won per month, and entered into a special agreement for nursing expenses in addition to the special agreement for the day of hospitalization.

In addition, the injury is hospitalized.