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(영문) 부산지방법원 2017.05.25 2016나52750

부당이득금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On March 31, 2008, the Plaintiff and the Defendant concluded an insurance contract indicated in the attached Form (hereinafter “instant insurance contract”).

Among the terms and conditions applicable to the insurance contract of this case, the contents of this case are as follows.

44. Article 1 (Compensation for Loss) of the Special Terms and Conditions for Security I for Hospital Hospital or Council member (including a herb hospital or Council member) due to a disease that occurred during the insurance period of this Special Terms and Conditions, the company shall pay to the beneficiary (if the beneficiary is not designated, the insured) the daily amount stated in the insurance policy for one day from the date of hospitalization to the date of hospitalization as the expenses for hospital hospitalization.

(2) The number of days of payment of expenses for hospitalization under paragraph (1) shall not exceed 180 days per admission.

Article 2 (Compensation for Non-Compensation) (2) The Company shall not pay compensation for any loss arising from the following causes:

2. Stable treatment to treat skins, dye, mental or physical weakness, etc.;

B. On December 24, 2013, the Defendant received the diagnosis of “the malicious salute, early,” from the lower court’s lower-level sexual intercourse,” and received the crypical surgery from the high-university Uniform Hospital on January 2, 2014, and received hospitalized treatment at the high-university Uniform Hospital until February 6, 2014.

C. The Defendant was hospitalized in the name of “the above malicious life in which the injury was unknown” as indicated in the following table between February 17, 2015 and March 23, 2015, because of symptoms, such as the continuation of the patient’s poppy, uniform clothes, and flag of the ability to take in, the patient was hospitalized in the name of “the above malicious life in which the injury was unknown” as indicated in the following table.

(hereinafter referred to as “instant hospitalization.” During the instant hospitalization period, the Defendant is in bad faith in terms of the following: (a) the number of hospitalization days in the name of the hospital, such as Mansung Hospital, cella, Corresponda, and Mansung Hospital’s unknown whereabouts during the hospitalization period; (b) the number of hospitalization days in the name of the hospital, such as Mansung Hospital’s disease; and (c) the foregoing bad faith is unknown. < Amended by Presidential Decree No. 26020, Feb. 17, 2015; Presidential Decree No. 263