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(영문) 창원지방법원 밀양지원 2017.01.17 2015가단12507

청구이의

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

On April 25, 2007, the defendant, as an insurance company, concluded each insurance contract with the plaintiff, with the policyholder, the insured, and the beneficiary, with the insurance period from April 25, 2007 to April 25, 204, with the insurance premium amounting to KRW 95,610 per month, with the insurance premium amounting to KRW 95,610 per month, with the policyholder, the insured, and the beneficiary from July 4, 2008 to July 4, 2008, with the insurance premium amounting to KRW 28,370 per month (hereinafter "each insurance contract of this case").

The main security of each insurance contract of this case is to pay a certain amount of insurance money if a patient is hospitalized in a hospital or a council member due to an injury or a disease in addition to the basic security that provides the amount of insurance coverage according to the rate of payment in cases of death or a disability caused by an injury.

From January 16, 2014 to February 7, 2015, the Plaintiff received from the Defendant insurance money of KRW 22,963,710, after being hospitalized in spine diseases, etc. for 158 days.

The Defendant filed an application with the Plaintiff for a payment order claiming that the Plaintiff received the above insurance money by claiming that the Plaintiff received the above insurance money after being hospitalized with false treatment without the need to be hospitalized (Seoul District Court Decision 2015 tea359). On August 25, 2015, the above court issued an order for payment on August 25, 2015 (hereinafter “instant payment order”) stating that “the Plaintiff would pay to the Defendant KRW 22,963,710 and delay damages therefor,” and the above payment order was finalized around that time.

【Ground of recognition” without any dispute, Gap 1-17 evidence (including all of them), Eul 1-4 evidence, and all of the arguments purported by the plaintiff as to the purport of the whole, the plaintiff's assertion of the whole purport of the plaintiff's evidence of Nos. 1-1 to 4, and the plaintiff received the insurance money unlawfully after being hospitalized in the absence of a need to be hospitalized. Thus, the plaintiff's claim against