보험에관한 소송
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On August 14, 2008, the Plaintiff, as an insurance company, entered into an insurance contract with the Defendant in attached Form 1 (hereinafter “instant insurance contract”) with each of the policyholders, the insured, and the beneficiaries, and each of the Defendant’s insurance periods from January 14, 2008 to August 14, 2040, and with the insurance premium of KRW 35,980 each month.
B. Major security matters of the instant insurance contract are 10,000 won per day of hospitalization in case of being hospitalized in a hospital or a clinic due to an injury or disease in addition to the basic security matters that should be paid according to the rate of payment in case of death or a disability caused by an injury, and 1,000,000 won should be paid in case of being performed by a disease.
C. From October 14, 2010 to November 5, 2010, the Defendant was hospitalized for 23 days from the date of hospitalization, and the Defendant received insurance proceeds totaling KRW 37,655,687 from the Plaintiff by being hospitalized for 55 days in the name of the enlisted person, such as a chatitis, ceilinging, shouldering, and traging, over a total of 910 days, from June 19, 2015.
In addition to the instant insurance contract from around 2002 to December 2014, the Defendant concluded an insurance contract with 11 other insurance companies as the Defendant, and the insurance money that the Defendant received from other insurance companies than the Plaintiff from around 2010 to December 31, 2014 reaches KRW 37,189,680 as shown in attached Table 2.
【Ground of recognition】 The fact that there is no dispute, Gap's 1 to 4 certificates (if there is any additional number, including all them; hereinafter the same shall apply) of this Court, the result of the fact inquiry and the purport of the whole pleadings and arguments in relation to the Korea Life Insurance Co., Ltd., the Korea Life Insurance Co., Ltd., the Korea Life Insurance Co., Ltd., the Liber Insurance Co., Ltd., the Liber Insurance Co.
2. Assertion and determination
A. The plaintiff's assertion that the defendant concluded the insurance contract of this case with the plaintiff on August 14, 2008.