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(영문) 광주지방법원 2017.03.30 2016가합53703
보험계약 무효확인 등의 소
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Defendant A entered into an insurance contract with the Plaintiff as the insured on October 18, 2005 (hereinafter “instant 1 insurance contract”). On July 1, 2009, Defendant A entered into an insurance contract listed in the attached Table 1 (hereinafter “instant 2 insurance contract”). On April 26, 2013, Defendant A entered into an insurance contract on July 1, 2009 (hereinafter “instant 2 insurance contract”), but changed the contractor and beneficiary of the instant 2 insurance contract to Defendant B (Defendant wife).

B. (1) On May 22, 2007, Defendant A received hospitalized treatment for 4 days at an internal nuclear force from a National Assembly member of the Republic of Korea, including each payment indicated in the separate sheet 3 and 4, 64 times in total from May 22, 2007 to April 25, 2015, including the occurrence of an insured incident and the payment of the Plaintiff’s insurance proceeds.

(2) Under the insurance contract of this case No. 1, Defendant B received insurance money of KRW 77,428,432 from the Plaintiff. Under the insurance contract of this case No. 2, Defendant A received insurance money of KRW 4,770,870, and Defendant B received insurance money of KRW 3,570,432, respectively.

C. Among the insurance contracts that Defendant A as the insured and the insurance contracts that guarantee the daily allowances for hospitalization due to disease, the insurance contracts maintained at the time of the instant 1 and 2 insurance contracts or concluded after the instant 1 and 2 insurance contracts, and accordingly, the insurance contracts that the Defendants received are as follows:

(Contractor D is the mother of Defendant A). Where it is possible to identify the contractor’s monthly insurance premium (original insurance premium) as the contract date for the name of the insurance company, the amount shall be followed, and where it is unknown, the result of the order to submit financial transaction information shall be followed.

A daily allowance to be paid additionally shall not be reflected in the case of being hospitalized by a major disease (won).

Insurance Money to be paid (won) 1, the Plaintiff (Non-Party) 1, the Social Furst Insurance Co., Ltd., on October 18, 2005, Defendant A 139,410,50,007,428,432 below the 2th Insurance Contract of this case.

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