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(영문) 광주지방법원 2018.01.25 2016가합55907
보험에관한 소송
Text

1. It is confirmed that the insurance contract entered in the attached Form 1 insurance contract concluded by the Plaintiff and the Defendant is null and void.

2...

Reasons

1. Basic facts

A. On March 4, 2011, the Plaintiff and the Defendant entered into an insurance contract with the beneficiary, other than the insured or the deceased, as indicated in the attached Table 1 insurance contract (hereinafter “instant insurance contract”) with the Defendant. The instant insurance contract includes security payment for the daily amount of hospitalization when the insured is hospitalized due to illness or injury.

B. From May 4, 2011 to June 8, 2011, the Defendant was hospitalized for 746 days in total as shown in attached Table 2 from around that time to March 21, 201, for 37 days, due to symptoms, such as urgical and other congratory signboards, food flaging, kne-flae persium, and kne-flae persium, etc., as shown in attached Table 2, the Defendant was hospitalized for 46 days in total.

C. Of the insurance contracts that the Defendant concluded with himself as the insured, the insurance contracts whose coverage content and nature are similar to those of the instant insurance contracts are listed in attached Table 3.

The contract terminated before the conclusion of the instant insurance contract, and cancer insurance contracts, pension insurance contracts, automobile insurance contracts, dental insurance, etc., which cannot be seen as similar to the content and nature of the instant insurance contract, were excluded.

The amount paid by the Plaintiff to the Defendant is KRW 43,515,00, and the amount confirmed as insurance amount paid by the insurance companies listed in the attached Table 3, including the Plaintiff, is KRW 186,445,00.

E. The Defendant reported to the tax authority KRW 1,800,435 as business income in 209, KRW 4,744,357 in 2010, KRW 15,94,559 in 201, and KRW 60,32 in 2012.

[Ground of recognition] A without dispute, entry of Gap evidence 1 to 5 (including branch numbers, if any; hereinafter the same shall apply), agricultural cooperative damage insurance Co., Ltd. of this court (hereinafter referred to as "Co., Ltd."), Mez fire insurance, postal service information center, agricultural life insurance, NAC life insurance, correctional services, KB damage insurance, and new life insurance.

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