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(영문) 광주고등법원 2016.08.12 2015나13859
보험계약무효확인등이 소
Text

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

Attached Form 2, which was concluded on June 21, 2007 by the Plaintiff and the Defendant.

Reasons

1. Basic facts

A. On August 2, 2004 and June 21, 2007, the Defendant concluded each of the respective insurance contracts listed in the attached Tables 1 and 2 (hereinafter “instant Nos. 1 and 2 insurance contracts”) with the content that, in the event that the Defendant is treated as the Defendant’s insured person due to injury or disease, the Defendant received the payment of the daily amount of hospitalization allowances from the Plaintiff (hereinafter “instant insurance contracts”) respectively.

B. From February 1, 2008 to February 22, 2008, the Defendant received hospitalization from “B-type outdoor department” (hereinafter “C-type outdoor department”) for 22 days from February 1, 2008, as shown in attached Table 3, by 21 days in total until September 29, 2014. The Defendant received from the Plaintiff KRW 12,340,140 and KRW 7,113 in accordance with the instant insurance contract, respectively.

C. The insurance contracts that the defendant concluded with the insurance company including the plaintiff and the defendant before and after the conclusion of each of the insurance contracts of this case as the insured, and the particulars of the insurance premiums paid and the insurance money paid accordingly are listed in the following table:

The table: The details of the insurance contract concluded by the defendant as the insured was already terminated at the time of conclusion of the insurance contract of this case, or each of the insurance contracts of this case and its nature were excluded.

The portion indicated as '0' in the “patient daily allowance” and “insurance money” as '0 shall be the portion for which the relevant details are not nonexistent or the evidence submitted to the present time alone is not confirmed.

The entry in the form of the company below M non-life insurance company (hereinafter referred to as "non-life insurance company") in the first half of the monthly insurance premium (cost) in the name of the product as of the date of subscription shall be omitted.

On July 27, 2007, 200 Dara Dara 4453,00 20,000 19,253,135 2 AI life insurance on March 28, 2006, 2006 19,790 disease 20,000 12,120,000 12,120,000 3 interesting countries life insurance in the interesting country.

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