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(영문) 광주지방법원 2017.11.30 2017가합51759
보험에 관한 소송
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 8, 2008, the Plaintiff concluded an insurance contract No. 1 (hereinafter “instant No. 1 insurance contract”) No. 1 as indicated in the attached Table No. 1 insurance contract on December 8, 2008 with Defendant A, the insured, and the deceased, as Defendant B, and entered into an insurance contract No. 2 as indicated in the attached Table No. 1 insurance contract on June 12, 2009 (hereinafter “instant No. 2 insurance contract,” and “each of the instant insurance contracts” in addition to the instant insurance contract No. 1 insurance contracts. Each of the instant insurance contracts includes security that the daily amount of hospitalization is paid when the insured is hospitalized due to illness

B. Defendant B asserted that Defendant B was hospitalized in D’s clinic for 19 days from August 13, 2009 to August 31, 2009, as shown in attached Table 2 from around that time to November 3, 2016, the Plaintiff asserted that Defendant B was hospitalized in D’s hospital for 23 days from September 1, 2009 to September 23, 2009, but the evidence submitted by the Plaintiff is difficult to recognize, and there is no other evidence to prove otherwise.

Receiving hospital treatment for 123 days in total, nine times in total due to illness, such as shreshitis, vertebral sallle, sallle sallle, sallle sallle, Athroid, acute trajecte, etc.

(hereinafter “instant insurance accident”). C.

Among the insurance contracts that Defendant B is the insured, the details of security insurance contracts similar to each of the instant insurance contracts are as shown in attached Table 3, and excluded the insurance contracts, pension insurance contracts, driver insurance contracts, etc. terminated before the conclusion of the instant insurance contracts.

Among them, insurance contracts maintained as of January 1 of each year are 3 cases in 2008, 5 cases in 2009, 6 cases from 2010 to 2015, 7 cases in 2016, and 8 cases in 2017.

The amount paid by the Plaintiff to Defendant B as insurance money is KRW 22,466,250, and the amount confirmed as insurance money paid by many insurance companies including the Plaintiff to Defendant B due to the instant insurance accident, etc. is 102,526.

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