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(영문) 광주지방법원 2017.10.19 2017가합50473

보험에 관한 소송

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On September 24, 2009, the Plaintiff entered into an insurance contract with the Defendant as the insured as indicated in the separate sheet No. 1 (hereinafter “instant insurance contract”) with the Defendant as the Defendant himself. The instant insurance contract includes matters as security to pay the daily amount of hospitalization when the insured is hospitalized due to illness or injury.

B. From November 7, 2009 to November 20, 2009, the Defendant received hospital treatment for 14 days in total on 14 occasions as shown in attached Table 2, from around that time to around August 26, 2016, from the 14th day of the disease, such as verteumitis, satitis, satitis, satitis, satis, sexual intercourse, satisfying disease, side signboard disability, etc., as shown in attached Table 2.

(hereinafter “instant insurance accident”). C.

The Defendant’s insurance contract as the insured is 15 cases as shown in Appendix 3 (excluding the insurance contract terminated due to the lapse, etc. of the conclusion of the instant insurance contract). The amount paid by the Plaintiff to the Defendant is 5,790,000 won, and the amount confirmed as the insurance amount paid by many insurance companies including the Plaintiff is 45,880,073 won.

The defendant has not returned and paid the property tax or income tax to the tax authority from 2007 to 2015.

[Based on the fact that there is no dispute, Gap evidence Nos. 1 and 2 (including a branch number if there is a branch number; hereinafter the same shall apply), the results of fact inquiry into the Gwangju Labor Welfare Corporation's regional headquarters of this court, the National Health Insurance Corporation's regional headquarters of Gwangju District Headquarters of Gwangju District, and the fact inquiry by this court, Samsung Fire and Marine Insurance Co., Ltd. (hereinafter referred to as "Co."), Samsung Fire and Marine Insurance, the Postal Service Information Center, new life insurance, ice life insurance, lot insurance, Eastern fire and marine insurance, merz marine insurance, each order to submit financial transaction information to the Federation of community credit cooperatives, the result of this court's order to submit each document, and the result of this court's order to submit documents to C non-human hospitals, D oriental medical hospitals, and