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(영문) 광주고등법원 2016.11.04 2016나10963
보험에관한 소송
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim (including the part extended from the trial) is all dismissed.

3...

Reasons

1. Basic facts

A. 1) Defendant D (the name of January 13, 2016) as the insured of Defendant D (the husband of January 13, 2016) is each insurance contract listed in attached Table 1 on the first day of each insurance period as shown in attached Table 1 with the Plaintiff and the Plaintiff as the insured of the Defendant A, who is the husband (hereinafter “each insurance contract

(2) The insurance listed in [Attachment 1] Paragraph (1) of [Attachment 1] (hereinafter “instant 1 insurance”) is a guarantee insurance that guarantees that 30,000 won per day in the case of being hospitalized due to an injury, 20,000 won per day in the case of being hospitalized due to a disease, and 40,000 won per day in the case of being hospitalized due to an injury, and 30,000 won per day in the case of being hospitalized due to a disease, and 40,000 won per day in the case of being hospitalized.

B. From February 1, 2010 to February 17, 2010, Defendant A, who paid the Plaintiff’s insurance proceeds, was hospitalized at the C.C. medical hospital for 17 days in a c.i.e., the mouth of a shoulder, the b.e., bed and tensions of the bones, and as indicated in attached Table 2, was hospitalized at each hospital for 42 days in total from February 1, 2010 to January 6, 2015. The Defendants received the following insurance proceeds from the Plaintiff according to each insurance contract of this case.

Defendant A’s total sum of KRW 10,118,024 KRW 16,419,826 KRW 26,537,850 of the instant case’s Type 2 Insurance KRW 34,788,490 of KRW 46,786,574 of the instant case’s KRW 22,116,108 KRW 51,208,316 KRW 73,324,424 of the instant case’s KRW 22,78,490 of the instant KRW 46,786,574 of the instant case’s

C. The current status of the conclusion of the insurance contract and each insurance contract that was concluded by the Defendant A as the insured, and the insurance money that the Defendants received from the insurance companies including the Plaintiff is stated in the status of the conclusion of the insurance contract in attached Form 3.

(except for those lack of evidence that are deemed similar to each of the insurances, character, and coverage of this case). [The grounds for recognition] of absence of dispute, Gap evidence 1 to 8, and Eul.

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