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(영문) 광주지방법원 2017.12.20 2016나52421
보험에관한 소송
Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff's primary claims and additional claims expanded by this court.

Reasons

1. The reasoning of the judgment of the court of first instance cited in the reasoning of the judgment of the court of first instance is as follows. The reasoning of the judgment of the court of first instance cited in the following sub-paragraph (2) and the ground of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except where the plaintiff added the judgment of the conjunctive claim added

2. Grounds of the judgment of the court of first instance No. 1-C, which has been amended.

Insurance money to be paid under paragraph (5) of the Table stated in paragraph (5) of the same paragraph shall be "25,285,744"; and "113,616,144" shall be construed as "14,129,744," respectively.

The reasoning of the judgment of the first instance is as follows.

The average income of 132,312 on the monthly income of 2007 as "132,812" shall be applied.

Following the third instance judgment of the first instance court, the "2. argument and judgment" of the first instance judgment shall be limited to "2. Judgment as to the primary claim".

The fifth sentence of the first instance judgment "13,616,144 won" shall be 114,129,744 won.

C. According to the theory of lawsuit, the insurance contract of this case cannot be deemed null and void as a juristic act contrary to good morals and other social order stipulated in Article 103 of the Civil Code. Thus, the plaintiff's primary claim is without merit.

Part 6 of the judgment of the first instance is not more than 200,000 as follows.

3. Judgment on the conjunctive claim

A. Even if the Plaintiff’s assertion that the instant insurance contract was not null and void, the Defendant received KRW 9,600,582 from the Plaintiff even if the Defendant received false or excessive hospitalization for 115 days during the period of hospitalized treatment (total 174 days) as stated in attached Form 2.

Therefore, the defendant is obligated to return unjust enrichment and damages for delay equivalent to the above amount to the plaintiff.

B. According to the result of each entrustment of appraisal of medical records to the Korean Medical Doctor Association and the Korean Medical Doctor Association, the Defendant’s attached Table 2. The entire or part of the hospital treatment details indicated in Article 9-15.

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