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(영문) 광주지방법원 2018.04.13 2017나53100
보험계약무효확인등
Text

1. Revocation of the first instance judgment.

2. All of the plaintiff's claims are dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 29, 2008, the Plaintiff entered into an insurance contract with the Defendant, which contains the content of guaranteeing daily allowances when hospitalized as the insured by having the Defendant as the insured (hereinafter “instant insurance contract”).

B. The defendant entered into the insurance contract of this case on August 11, 2009 after receiving the diagnosis of "Aboard cancer" from B Hospital as seen in the "name of diagnosis and disease" on the attached insurance accident list. The same year from the same date.

8. From December 1, 2009 to April 19, 2016, the Plaintiff filed a claim for insurance proceeds with the Defendant for a hospitalized treatment for 290 days as the main injury and disease during the period of eight (8) days from the date of the claim for the insurance proceeds after being hospitalized, and between November 2, 2015, the Plaintiff paid KRW 27,998,309 as the daily hospitalization day, etc. to the Defendant during the period from December 1, 2009 to April 19, 2016, as seen in the “insurance Money” column of the attached insurance accident statement in the instant insurance contract.

C. The content of the insurance contract concluded between the insurance company including the Plaintiff and the Defendant as the insured before and after the time of the conclusion of the instant insurance contract is as listed in the attached Table of the insurance contract.

【As a result of the first instance court’s response to each order to submit each financial transaction information to the interesting life insurance company, AIA life insurance company, ING life insurance company, Dongyang life insurance company, Dongyang life insurance company, Dongyang fire insurance company, interesting life insurance company, etc., the result of the first instance court’s response to the fact-finding with respect to the postal information information center, Hansung life insurance company, Mzz fire insurance company, and interesting fire marine insurance company

2. The Plaintiff’s claim insurance contract of this case is a contract concluded for the purpose of unjust acquisition of insurance money through multiple insurance contracts, and is a good custom pursuant to Article 103 of the Civil Act.

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