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(영문) 서울중앙지방법원 2019.05.01 2017가합552842
보험에관한 소송
Text

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

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

Reasons

1. Basic facts

A. On March 31, 2008, the Defendant entered into a D insurance contract with C Co., Ltd. with the content that the Defendant would be paid general injury, temporary living expenses, hospitalization expenses, and medical expenses for hospitalization due to illness or injury (hereinafter “instant insurance contract”). On May 3, 2013, the Plaintiff acquired the instant insurance contract from C Co., Ltd. according to a decision on contract transfer made by the Financial Services Commission.

B. Major security contents of the instant insurance contract are as follows.

1) General injury, temporary living expenses: 20,000 won for each day of hospitalization within the limit of 180 days from the date of the accident when a person is hospitalized in a hospital or a clinic due to a general injury, and 30,000 won for each day of hospitalization within the limit of 180 days when the person is hospitalized in a hospital or clinic for at least one day: 30,000 won for each day of hospitalization within the limit of 365 days from the date of the outbreak when the person is hospitalized in a hospital or clinic for a disease: 100,000 won for himself/herself and for expenses equivalent to the amount of non-payment (where the insured is not subject to national health insurance, 40% of the expenses to be borne by the insured shall be the case)

C. From February 9, 2009 to July 13, 2016, the Defendant received hospital treatment for total of 377 days due to an insurance accident that occurred from February 9, 2009, and received insurance money totaling KRW 24,840,909 from the Plaintiff according to the instant insurance contract.

The specific contents are as follows:

Serial 12010-02-09 Sheet 2010-02-09 Meet 2010-0312,862,850-15 2010-04-29 2010-015 2010-05 - 2010-05 2010-05 2010-05-18 32010-18 2011-09-14 201-2014 201-209-14 201-14 201-14 201-14 - 2014 - 201-201- G201-25 - 2015 - 2015 - 2015 - 2015 - 201-125 - 2015 - 14

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