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(영문) 광주지방법원목포지원 2015.08.13 2014가합12589
보험계약무효확인등의 소
Text

1. It is confirmed that an insurance contract entered into between the Plaintiff and the Defendant is null and void.

2. The defendant shall be the plaintiff.

Reasons

1. Basic facts

A. On August 17, 2007, the Defendant entered into an insurance contract on the attached Table 1 with the content that the Plaintiff would receive hospitalization allowances, etc. from the Plaintiff (hereinafter “instant insurance contract”) in cases where the Plaintiff and the beneficiary set himself as the insured and receive treatment for injury or disease.

B. From June 29, 2009 to July 18, 2009, the Defendant was hospitalized at the Sananan General Hospital for 20 days on the ground of knee’s salt seat and tension as shown in attached Table 2, and was hospitalized for 782 days until October 7, 2014. Of them, the Defendant received 33,240,000 won in total as insurance money under the insurance contract of this case from the Plaintiff for 759 days of hospitalization.

C. Meanwhile, before and after the conclusion of the instant insurance contract, the insurance contract concluded between the Defendant and the insurance company including the Plaintiff as the insured, and the details of the insurance premium and the insurance amount paid accordingly are as follows.

The table: The part indicated as “0” on the details of the insurance contract concluded by the Defendant as the insured and the “paid Insurance Money” column is the part where the relevant details are not nonexistent or the evidence submitted up to now alone is not confirmed.

Meanwhile, according to the above evidence, the defendant could have received more amount of daily allowances for hospitalization than stated in the column of "insurance money to be paid" in the case of being hospitalized by a specific disease according to a certain special agreement among each of the above insurance contracts.

On August 17, 2007, Plaintiff 113,980 03,240,000 of the insurance contract of this case on August 5, 2000 maintained by Defendant 52,8500 on January 5, 200 of the healthy age-based dancing insurance ( January 22, 2008) 30 April 30, 208, the termination of Defendant 4PCA life insurance on April 30, 200 (the termination of Defendant 50,500 on April 30, 208) on April 30, 208 (the termination of Defendant 4PCA life insurance on June 5, 2009).

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