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(영문) 부산지방법원 2019.01.16 2017가합42145

보험에관한 소송

Text

1. The Plaintiff (Counterclaim Defendant)’s principal claim against the Defendant (Counterclaim Plaintiff) and the Defendant (Counterclaim Plaintiff).

Reasons

1. Basic facts

A. On April 19, 2007, Defendant B entered into the instant insurance contract with D Co., Ltd. (after that, the Plaintiff was transferred the status and business of D Co., Ltd. according to a decision on contract transfer by the Financial Services Commission; hereinafter referred to as D Co., Ltd and the Plaintiff, collectively referred to as “Plaintiff”) with the insured as “Defendant C” as shown in attached Table 1, and the content thereof is that the Plaintiff compensates for medical expenses or hospitalization expenses incurred by injury or disease.

B. From January 15, 2008 to August 1, 2016, Defendant C received hospitalized treatment for approximately 637 days as shown in attached Table 2, and received insurance proceeds of KRW 30,252,97 in total from the Plaintiff.

C. Before and after the instant insurance contract, from January 18, 192 to May 10, 2016, the Defendants concluded an insurance contract with the policyholder or the insured as shown in the attached Table 3. Defendant C received the same insurance money as indicated in the attached Table 4, including the “insurance money paid” or “total amount paid”, and “insurance money paid”.

Defendant C reported global income of KRW 0,354,10 in the tax office from 2007 to 2009, KRW 11,10 in the year 201, KRW 11,10 in the year 201, KRW 11,80,00 in the tax office, KRW 8,798,00 in the year 2013, KRW 8,798,000 in the year 2069, KRW 120 in the year 2014, KRW 38,340,650 in the total amount of KRW 38,340 in the year 2015, but Defendant B did not have any global income reported.

[Based on recognition] Unsatisfy, Gap evidence Nos. 1, 2, 4, 5 (including paper numbers, hereinafter the same shall apply), Eul evidence Nos. 1, 2, and 4, E, Postal Information Center head and F, G Co., Ltd., and H Co., Ltd., as a result of each order to submit financial transaction information, the results of the order to submit tax information and reply by the director of Busan Jin Tax Office, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1 insurance contract concluded an insurance contract for the purpose of illegitimate acquisition of insurance money, or conducted unfair hospitalized treatment by exaggeration of the disease certificate.