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(영문) 서울고등법원 2014.12.19 2013나81080
보험금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On August 5, 2008, the Plaintiff entered into the instant insurance contract with the Defendant with the following terms and conditions (hereinafter “instant insurance contract”).

Securities No. B Insurance Period: From August 5, 2008, the insured from August 16: 16:00 to 49 years: the subscription amount of the Plaintiff’s basic contract: 30,000 won (the maturity of 100 years of age): the subscription amount of 30,000 won (the maturity of 80 years of age) and the subscription amount of 3,000,000 won (the maturity of 100 years of age) and the subscription amount of 20,000 won;

B. On January 19, 2011, the Plaintiff, who was admitted to C Hospital, was diagnosed with a wooden disc (the name of a warning signboard). From that time to January 26, 201, the Plaintiff spent KRW 712,810 as external and hospitalized treatment expenses during the period from that time.

[Ground of recognition] Facts without dispute, Gap 1, 3 evidence, Gap 4-1, 2, and 3-3, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. On January 201, 201, the Plaintiff asserted that the Plaintiff was injured by an accident that was in excess of the Plaintiff’s husband’s her husband who aided the Plaintiff’s work, and that caused the occurrence of a “ordinary signboard board”. Accordingly, the Defendant is obligated to pay the Plaintiff the amount equivalent to the medical expenses spent by the Plaintiff with the “accident Insurance Money” stipulated in the instant insurance contract.

B. Determination as to Gap evidence Nos. 4-1, 2, 3, 11, 3, 5-1, 5-2, each of the following circumstances, which can be acknowledged by adding the overall purport of the pleadings, namely, ① the plaintiff was hospitalized on January 19, 201 after he/she was diagnosed in C Hospital on January 20, 201. The nursing information survey site of the above hospital stated that "the pain was mitigated by receiving physical treatment in the form of pain from the end of November 2010 to the right hand hand hand hand hand hand hand over, but the above nursing information survey site included "the date of outbreak" as "the date of the outbreak of the above nursing information survey site", and the previous column of the disease column.

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