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(영문) 광주고등법원 2016.04.20 2014나4353
보험계약무효확인 및 보험금반환
Text

1. Of the judgment of the court of first instance, the part against the defendant ordering payment in excess of the amount below.

Reasons

1. Basic facts

A. On December 14, 200, the Plaintiff entered into an insurance contract with Defendant A, as indicated in paragraph (1) of the attached Table No. 1, (2) between Defendant B and the insurance contract indicated in paragraph (2) of the attached Table No. 2 on March 7, 2003, and (3) between Defendant A and the insurance contract listed in paragraph (3) of the attached Table No. 3 on April 3, 2003 (hereinafter referred to as each of the above insurance contracts, and collectively referred to as “each of the instant insurance contracts”). The insured of each of the instant insurance contracts is Defendant A.

B. Defendant A received 83,389,887 won in total from the Plaintiff to April 12, 201 due to each insurance accident described below 1 to 20 of the following table 1 after the conclusion of each insurance contract of this case. Defendant A received 83,389,887 won in total from the Plaintiff to the insurance money under each insurance contract of this case. 2) Defendant A was hospitalized and treated 579 days in 16 times from December 9, 204 to November 21, 201 due to each insurance accident described in the table 7 through 22 below: Provided, That in the case of each hospital treatment described in the table 1 to 6 above, the number of days of hospitalization cannot be reflected in the calculation of the number of days of hospitalization.

The above Defendant appears to have received insurance proceeds including the daily allowance for hospitalization in relation to each of the above hospitalized treatments against other insurance companies.

No. 1) During the 1201-06-15 process, the amount paid on the payment date of insurance products for the days of hospitalization in the name of hospital name, the name of hospital for the No. 1 of the incident No. 2001-15 of the No. 2001-10-30 1, 775, 340 202-02-04-12, 2002-04.12 to 12.02.08-16, 860 on April 1, 15, 2004, 2008-16-16, 860 on the right-hand knee-knee-knee-knee-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-ker-ker-kne-kerer-kerer-ker-kerkerer

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