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(영문) 광주지방법원 2017.04.14 2016나53516
부당이득금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On October 31, 2008, the Defendant entered into an insurance contract with the Plaintiff as indicated in the separate sheet (hereinafter “instant insurance contract”). In the event the Defendant, the insured, was hospitalized for at least one day of hospitalization and received treatment, the Defendant subscribed to the relevant special terms and conditions on the coverage of expenses for hospitalization with a disease of KRW 30,000 per day of hospitalization, which shall be included in the terms and conditions of the instant insurance contract, as follows.

Article 1 (Definition and Place of Hospitalization) of the Special Terms and Conditions on the Guarantee of Expenses for Hospitalization (Definition and Place of Hospitalization) The term "hospitalize" in this Special Terms and Conditions means the entrance of a hospital, a dentist, or a person qualified as an oriental medical doctor (hereinafter referred to as the "doctor") to a medical institution as provided in Article 3 (2) of the Medical Service Act or a medical institution recognized by the company as equivalent to the above, which makes it difficult to treat at home and under the control of the doctor.

Article 2 (Compensation for Damages) ① Where an insured person is hospitalized in a hospital or clinic (including a herb hospital or oriental medical clinic) due to a disease during the cover period of this Special Terms and Conditions, the company shall pay the daily amount per day of hospitalization to the beneficiary (the insured if the beneficiary is not designated as a beneficiary) as the cost of hospitalization for disease within the maximum of 180 days from the first date of hospitalization.

(2) In the case of paragraph (1), if the insured has been hospitalized twice or more during the period of insurance for the direct purpose of treating the same disease, it shall be considered as continuous hospitalization and shall be paid the sum of the days of hospitalization.

However, in the case of hospitalization after the lapse of 180 days from the date of the discharge of the last hospitalization, the new hospitalization shall be deemed to be a new hospitalization.

Article 3 (Compensation for Non-Compensation) (2) The Company shall not pay compensation for any loss arising from the following causes:

2. Corresponding, Thailand;

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