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(영문) 광주지방법원목포지원 2017.06.08 2015가합415
보험계약 무효확인
Text

1. The insurance contract between the plaintiff and the defendant in annexed Form 1 is confirmed to be null and void.

2. The defendant shall make the plaintiff 9,601.

Reasons

1. Basic facts

A. On November 29, 2010, the Defendant entered into an insurance contract with the Plaintiff, setting himself as the insured and the beneficiary of the insurance proceeds out of death, and, in the event that the insured is hospitalized by injury or disease, entered into an insurance contract with the content of receiving the daily allowances for hospitalization from the Plaintiff (hereinafter “instant insurance contract”).

B. After the conclusion of the instant insurance contract, the Defendant received hospitalization for 347 days in total from 25 days until March 5, 2015, including the fact that the Defendant was hospitalized at the Mapo-si Medical Center on the ground of 14 days from December 27, 2011 to January 9, 2012, as shown in attached Table 2, and received insurance proceeds from the Plaintiff in total in accordance with the instant insurance contract.

C. Meanwhile, the insurance contract concluded between the Defendant and the insurance company including the Plaintiff before and after the conclusion of the instant insurance contract, and the details of the insurance premiums paid and the insurance money 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 "daily allowances for hospitalization" in the case of being hospitalized by a specific disease according to a certain special agreement among the above insurance contracts.

The effect of the monthly insurance premium (on February 27, 2001), daily allowance for hospitalization (cost) of the product name of the insurance company on the date of subscription, 1.3,980 40,980 30,000 30,490 1,490,038 2 KRB life insurance at 2,2010 ) MyStyty health insurance 45,800 0,000 20,000 3 of the product name of the insurance company on the date of subscription, is stated as KRW 60,000,000 per hospitalization, but the evidence No. 5-3 of the evidence No. 5-3 of the evidence No. 5.

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