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(영문) 창원지방법원 2019.05.02 2017가합50228

보험계약무효확인 등

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On February 25, 2008, the Plaintiff entered into an insurance contract with Defendant B, the child of Defendant B, as the insured of Defendant C (name prior to the name of the Plaintiff: D) (hereinafter “instant insurance contract”).

B. The contents of the instant insurance contract guarantee medical expenses, etc. for Defendant C’s injury or disease. Of the content of the guarantee, the term “inpatient of disease” refers to the amount of KRW 30,000 per day of hospitalization per day within the limit of 180 days when the insured was hospitalized in a hospital or a clinic for at least one day due to disease, and ② the term “inpatient II” refers to the amount of maximum of KRW 30,000 per day of the medical room expenses under the terms and conditions when the insured was hospitalized in a hospital or a clinic due to disease, and ③ the term “general injury or temporary living expenses” refers to the amount of KRW 20,00 per day of the hospitalization per day within the limit of 180 days when the insured was hospitalized in a hospital or a clinic for at least one day due to injury, and ④ the term “inpatient of the injury or injury” refers to the amount of insurance money to the maximum of KRW 30 million per day of the medical room expenses under the terms and conditions.

C. From December 29, 2008 to July 13, 2013, Defendant C received hospital treatment over a total of 15 times for 219 days. Under the insurance contract of this case, Defendant C received insurance proceeds of KRW 19,751,708 in total from the Plaintiff as expenses for hospitalization of disease, etc. according to the insurance contract of this case. The details are as follows:

The number of days of the commencement date of medical treatment of the medical hospital for the medical examination of the medical examination of the medical examination of the medical examination of the medical examination of the medical examination of the medical examination of the medical examination of the medical examination of the medical examination of the medical examination of the medical examination of the medical examination of the medical examination of the medical examination of the medical examination of the medical examination of the medical examination of the medical examination of the medical examination of the medical examination of the medical examination of the medical examination of the medical examination of the medical examination of the medical examination of the medical examination of the medical examination of the medical examination of the medical examination of the medical examination of the medical examination of the medical examination of the medical examination of the medical examination of the examination of the medical examination of the medical examination of the medical examination of the medical examination of the medical examination of the medical examination of the medical examination of the medical examination of the medical examination of the medical examination of the medical examination of the medical examination of the medical examination of the 1.6.1.6.