logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2017.08.10 2016가합58272
부당이득금
Text

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

2.

Reasons

1. Basic facts

A. On January 21, 2003, the Plaintiff entered into an insurance contract with Defendant B, the insured, and the beneficiaries other than death as Defendant B (hereinafter “instant insurance contract”). The instant insurance contract includes the collateral for the payment of the daily amount of hospitalization when the insured is hospitalized due to an injury or disease.

On May 24, 2010, Defendant B changed the policyholder of the instant insurance contract to Defendant A, who is his/her father.

B. From July 4, 2003 to July 11, 2003, Defendant B received the hospitalized treatment under the name of “pathosome infection” and “pathosome infection” as well as from around that time to December 17, 2014, Defendant B received the hospitalized treatment for a total of 1,163 days with the illness, such as knee knee, knee-pathrosis, mathritis, human-sathoclein infection, etc., as shown in Appendix 2 from around that time to December 17, 2014.

C. An insurance contract that is the insured by Defendant B is as listed in the attached Table 3, and an insurance contract that is confirmed as a security to pay a day of hospitalization in the event of hospitalization due to an injury, disease, etc. among them is an insurance contract listed in the attached Table 3 Nos. 1 to 3, 5,

Defendant B maintained all the insurance contracts from January 1, 2003 to February 21, 2003 and from February 21, 2003, to February 2015, Defendant B, in sequence, cancelled each insurance contract listed in [Attachment 3] Nos. 6 through 8 from the end of February 2015 to May 2015.

After that, the Defendants concluded the lawsuit filed by the Plaintiff relating to the instant insurance contract as the withdrawal of the lawsuit, as follows: (a) on May 26, 2016, the instant insurance contract was terminated.

According to the evidence No. 4, as shown in the insurance contract of this case, the Plaintiff may recognize the fact that the Plaintiff decided to pay each insurance money to the Defendants on the date indicated in the separate sheet No. 4 “date of confirmation.” Accordingly, it can be confirmed that the pertinent insurance money was paid to the Defendants around that time.

Each insurance money shall be paid to the Defendants.

arrow