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(영문) 전주지방법원군산지원 2017.11.24 2016가합10706
보험계약무효확인등의소
Text

1. The Plaintiff’s claim against the Defendants shall be dismissed in entirety.

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

Reasons

1. Basic facts

A. On July 30, 2004, the Plaintiff entered into an insurance contract into with the Plaintiff on July 30, 2004, stating the date of entering into the contract as “ July 26, 2004” in the instant complaint and the instant application for modification of the purport of the claim and cause of the contract, and written the date of subscription as “ July 26, 2004” in the attached documents attached thereto, and the Defendant also entered the Defendant into an insurance contract with the Plaintiff on August 1, 2016 as “ July 26, 2014.”

However, the Plaintiff stated that “from July 30, 2004, which was the date of conclusion of the insurance contract” as “from July 30, 2004,” and the subscription date is also “ July 30, 2004,” and all evidence, including evidence Nos. 2-1, 51, and 53, are included as “the contract date.”

In other words, since the date of actual insurance contract conclusion appears to be " July 30, 2004", the date of contract conclusion is recognized as " July 30, 2004".

The insured between Defendant A, the beneficiary upon maturity and the beneficiary at the time of injury, and the beneficiary at the time of death, shall be the heir at the time of death, and the attached Form shall be the beneficiary

1. The insurance contract, as described, was concluded

(hereinafter “instant insurance contract”). From July 2, 2010, around July 2, 2010, the contract owner of the instant insurance contract changed to Defendant B, who is the child of Defendant A, and around April 16, 2012, the beneficiary and the beneficiary were also changed to Defendant B at the time of the maturity of the instant insurance contract.

2) The insurance contract of this case provides that when Defendant A, the insured, has been hospitalized for at least four consecutive days due to a disaster or disease during the insurance period or has undergone surgery, the insurance contract of this case shall continue to be concluded for at least four consecutive days and for at least 20,000 won per day from the time of hospitalization for the direct purpose of treatment due to a disaster under a special agreement for non-paid hospitalization with the content of guaranteeing the amount of reimbursement as follows (a single hospitalization fee shall continue to be for at least four consecutive days due to a disease or accident under a special agreement for non-paid hospitalization for up to 120 days

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