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(영문) 광주지방법원목포지원 2015.11.26 2014가합12480
보험에관한 소송
Text

1. It is confirmed that an insurance contract entered into between the Plaintiff and the Defendant is void.

2. The defendant shall be the plaintiff.

Reasons

1. Basic facts

A. On January 7, 2010, the Defendant concluded an insurance contract in attached Form 1 (hereinafter “instant insurance contract”) with the content that the Plaintiff would receive hospital allowances from the Plaintiff in the event that the insured and the beneficiary of the non-life insurance are receiving hospital treatment due to injury or disease (hereinafter “instant insurance contract”).

B. From February 1, 2010 to February 16, 2010, the Defendant received hospitalization for 846 days in total from September 6, 2014, as shown in the attached Table 2, for 16 days, on the ground that he/she was hospitalized at a spomul hospital on the ground of salt base, and received from the Plaintiff KRW 82,910,782 in total as insurance money under the instant insurance contract.

C. Meanwhile, before and after the conclusion of the instant insurance contract, the insurance contract concluded between the Defendant and the insurance company including the Plaintiff as the insured, and the details of the insurance premium and the insurance amount paid accordingly are as follows.

The table: The part indicated as “0” on the details of the insurance contract concluded by the Defendant as the insured and the “paid Insurance Money” column is the part where the relevant details are not nonexistent or the evidence submitted up to now alone is not confirmed.

Meanwhile, according to the above evidence, if the defendant is hospitalized into a specific disease according to a certain special agreement among each of the above insurance contracts, it seems that the defendant could have received more amount of daily allowances for hospitalization than that set forth in the column of "daily allowances for hospitalization" as stated in the above table.

(1) On January 7, 2010, the effect of the original contractor of the monthly insurance premium (cost) paid for the name of the good as of the date of subscription of the insurance company, Plaintiff 1 maintained Defendant 2Ra of the instant insurance contract 103,410,00 82,910,782 on January 7, 2010, or Defendant 2Ra of the Life Insurance 29,050 on September 5, 2008, or Defendant 4 AIA life insurance 25,4800 on March 30, 2012, Defendant 0 maintained Defendant 4, maintained Defendant 44,800 on August 24, 2009, in accordance with Non-speed Policy 25,4800.

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