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(영문) 광주지방법원 2018.07.12 2017가합58613

보험에 관한 소송

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 July 24, 2009, the Plaintiff entered into an insurance contract indicated in [Attachment 1] insurance contract (hereinafter “instant insurance contract”) with the designated person B (hereinafter “designated person”), the insured, and the beneficiary other than death as the mother of the designated person A (hereinafter “Defendant”); and the Defendant and the designated person together with the designated person as the mother of the designated person, and entered into an insurance contract with the Defendant, etc. as indicated in [Attachment 1]. The instant insurance contract includes security items for which the daily amount of hospitalization is to be paid when the insured person is hospitalized due to illness or injury.

B. From February 8, 2011 to February 21, 2011, the Defendant received hospital treatment for 361 days in total on 20 occasions as shown in attached Table 2 from around the time to May 4, 2017, for the period of 14 days, as well as for the period from around February 8, 201 to around February 21, 201, with sick symptoms, such as catum chronty, satum satchumumumumumumumumumumumumumumumumumumumumumumumumumumumumumumumumumumumumumumumumumumumumumumumumumum

(hereinafter “instant insurance accident”). C.

Among the insurance contracts for which the defendant et al. concluded as a policyholder with the defendant et al. as the insured, the details of security insurance contracts similar to those of this case are as shown in attached Table 3.

Before the conclusion of the instant insurance contract, the instant insurance contract was invalidated or cancelled prior to the conclusion of the instant insurance contract, or the content and nature of the instant insurance contract cannot be similar, such as cancer, life insurance, variable pension insurance, etc.

The sum paid by the Plaintiff to the Defendant, etc. with insurance proceeds is KRW 39,151,340 (=11,524,418 (the amount paid to the Defendant) and KRW 27,626,922 (the amount paid to the appointed)). The amount confirmed as insurance proceeds paid by the insurance companies listed in the attached Table 3, including the Plaintiff, to the Defendant, etc. due to the instant insurance accident, etc. is KRW 105,63,135.

E. From 2008 to 2012, the Defendant paid the property tax due to the ownership of a general passenger car, etc. by the designated person until 208.