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(영문) 전주지방법원 2018.01.17 2014가단30812

보험에관한 소송

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. 1) The original Defendant entered into the instant insurance contract on December 5, 2005. 2) The main content of the instant insurance contract is that the Defendant, the insured, is receiving the insurance money per day of hospitalization when he/she was hospitalized in a hospital due to disease or disaster.

B. The Defendant, such as the Defendant’s treatment and the payment of the Plaintiff’s insurance proceeds, received the diagnosis of the escape from the climatic base and the climatic side signboard, and received the insurance proceeds of KRW 48,675,016 in total from the Plaintiff, after being hospitalized for 910 days from January 4, 2006 to October 24, 2012, as shown in the attached Table 2, for 22 days from January 4, 2006 to January 25, 2006.

C. The Defendant, including the conclusion of the Defendant’s insurance contract, concluded five same types of insurance contracts including the instant insurance contract with the Defendant as the insured from September 27, 2005 to December 9, 2005 as listed in the following table.

1) On September 25, 2014, the Defendant was indicted for a criminal offense, such as fraud listed in the separate sheet No. 3 by the Jeonju District Court Decision 2014Ma1568, Sept. 25, 2014. However, on August 30, 2017, the said court rendered a judgment of innocence against the Plaintiff on the ground that “the Defendant was not proven to the extent that there is no reasonable doubt that there was an intention to obtain insurance money from the Defendant.” 2) As to this, the Prosecutor appealedd the Jeonju District Court 2017No1355.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3 and 11, each statement of this court's Hansung Life Insurance Co., Ltd., Liber Life Insurance Co., Ltd., Liber Life Insurance Co., Ltd., Liber Life Insurance Co., Ltd., and Hyundai Liber Life Insurance Co., Ltd.

2. The Defendant asserted that the Plaintiff concluded multiple insurance contracts with similar coverage, including the instant insurance contract, and thereby, the Defendant monthly.