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(영문) 광주고등법원 2016.10.07 2016나10451

보험계약해지무효확인 등

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1. The part of the judgment of the court of first instance against the Defendant (Counterclaim Plaintiff) shall be revoked, and the above revoked part shall be revoked.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. 1) The Plaintiff and the Defendant, on October 14, 2010, concluded a mutual aid agreement with the insured (beneficiary) as the Plaintiff, as stipulated in paragraph (1) of the attached Table No. 1 of the said agreement (hereinafter “instant 1 insurance contract”).

2) The term “each of the instant insurance contracts” in the separate sheet No. 2 and the separate sheet No. 2 (hereinafter “instant No. 2 insurance contracts”) refers to “each of the instant insurance contracts” in the aggregate of the instant contracts No. 1 and 2.

(2) Each of the instant insurance contracts included a special agreement for hospitalization that compensates for 30,000 won per day of hospitalization (if the insured receives hospitalized treatment due to disease or injury during the insurance period). 2) The Plaintiff responded to the question of “one insurance company or similar institution as to whether the insured has subscribed to life insurance (mutual aid) or long-term accident insurance (mutual aid) out of the mandatory terms of notification of the subscription to each of the instant insurance contracts,” which refers to “one insurance company or similar institution has subscribed to life insurance (mutual aid) or long-term accident insurance (mutual aid).”

B. The Plaintiff’s hospitalized treatment for 14 days from November 27, 2010 to December 10, 2010, 2010, for 23 days in total, as indicated in Table 1, for 20 days from October 22, 2014, as indicated in the following table 1, the Plaintiff was hospitalized at “B oriental medical hospital” for 15,648,980 won as insurance money to the Plaintiff based on each insurance contract of this case, but the Defendant paid the Plaintiff a sum of 15,648,980 won as insurance money, from April 15, 2013 to May 3, 2013 (the table 14). < Amended by Presidential Decree No. 24277, Nov. 27, 2010>

On November 27, 2010, December 14, 2010, the date of discharge from the hospital No. 1 B for the number of days of hospitalization under the name of hospital name, the number of days of hospitalization, shall be accompanied by the 1B oriental medical hospital pathal pathal pathal pathal pathal pathal pathal pathal mathal mathal mathal mathal mathal mathal mathal math