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(영문) 광주고등법원 2016.10.07 2014나13500
계약무효확인 등 청구의 소
Text

1.The judgment of the first instance shall be modified as follows:

Defendant B, Defendant B, and Defendant A, KRW 11,950,00,00.

Reasons

1. Basic facts

A. On April 25, 2008, the Plaintiff entered into an insurance contract with Defendant B as the insured and beneficiary (hereinafter “instant insurance contract”). The instant insurance contract includes a special agreement under which KRW 50,000 per day of hospitalization is paid within the limit of 180 days per time when the insured is hospitalized for at least four consecutive days due to injury or disease.

B. The instant insurance contract was modified on December 30, 201 by the contractor, and on January 7, 2011, by the beneficiary from each of the Defendant B to the Defendant A, who is an son.

C. On May 1, 2008, Defendant B received hospital treatment for 10 days from the time to September 21, 2012 as follows: (a) on the following occasions, Defendant B received hospital treatment for 487 days in total, such as catitis, knephitis, knee-pathrosis, high blood pressure, urcinology, region-specific disease, inter-regional disease, fatitis, and fatitis; and (b) the Plaintiff paid Defendant B insurance proceeds of KRW 15,100,000 in total, and KRW 14,750,000 in total, to Defendant A.

(However, insurance money due to hospitalization listed in table 30 is unpaid).

In addition, on September 21, 2012, Defendant A filed a claim with the Plaintiff for the insurance proceeds per hospitalization day in relation to the hospitalization in the No. 30 of the table (attached Form 2).

The number of days of hospitalization in the hospital is the beneficiary 1 C Hospital 1 C Hospital 08.05.01 to 08.08.05.10 10,005.10, 50 B C Hospital 50 B 2 C Hospital 09.02.16 to 09.03.16.29, 16-3, 145 C Hospital 145.06.01 to 09.25.25.25, 125 C Hospital 125 4 C Hospital 09.09.08 to 09.23.09.16, 201 to 19.29.16, 201 to 29.36, 105 to 19.25 to 105 to 19.25 to 16.25 to 19.25 to 105 to 105 to 19.25 to 19.25 to 16 to 15 to 15 to 24 to Maoooooooooooo-co.2

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