채무부존재확인 등
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff (Successor).
1. Facts of recognition;
A. On May 13, 2009, the Green Damage Insurance Co., Ltd. entered into an insurance contract with the Defendant, the insured, from May 13, 2009 to May 13, 2062, with no dividends of KRW 56,900, monthly insurance premium of KRW 56,900 (hereinafter “instant contract”). The instant contract provides that the Defendant shall pay KRW 30,000 per day of general injury, KRW 1,000,000 per temporary living expenses per day, KRW 30,000 per day of temporary living expenses, and KRW 20,000,000 per day of hospitalization, cream and video diagnosis expenses, KRW 5,00,00 per day of video operation expenses, as insurance money.
B. The Defendant asserted that the insurance accident was caused 11 times from May 22, 2009 to August 31, 2012, as stated in the “insurance accident” column of the attached specifications of payment, and filed a claim for insurance proceeds, and received a total of KRW 1,625,00,000 as insurance proceeds, as stated in the “total amount paid” column of the same payment statement from green damage insurance.
C. On May 3, 2013, the Plaintiff acquired the status of the insurer regarding the instant contract from the Green Damage Insurance upon a decision to transfer a contract by the Financial Services Commission.
[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 17 (including each number), the purport of the whole pleadings
2. The assertion and judgment
A. At the time of concluding the instant contract, the Plaintiff asserted that the Defendant entered into an insurance contract with a focus on paying the daily amount of hospitalization when a large number of injuries or diseases similar to the instant contract were incurred. Accordingly, it is difficult to deem that the Defendant was paid KRW 3 million as claimed by the Defendant during the insurance premium payment period that the Defendant did not notify the Defendant of the amount of the insurance premium to be paid and the amount of the insurance premium that the Defendant received according to each insurance contract thereafter, and that it is difficult to deem that the Defendant was paid KRW 3 million as claimed by the Defendant during the insurance premium payment period. Moreover