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(영문) 광주고등법원 2017.04.28 2016나15395
구상금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On December 16, 201, Defendant A and the Plaintiff entered into an insurance contract with Defendant A as the insured and beneficiary (hereinafter “instant insurance contract”). On March 16, 2013, Defendant A and the Plaintiff changed the contractual parties and beneficiaries of the instant insurance contract to Defendant B (the birth of Defendant A).

B. On April 13, 2012, Defendant A received hospitalized treatment for 14 days due to salt pans, tensions, etc. in the part of the outbreak of an insurance accident and the Plaintiff’s insurance money on April 13, 2012, as shown in attached Table 2, on a total of 25 days from April 13, 2012 to September 9, 2015. The Plaintiff paid each insurance money of KRW 2,960,690 and KRW 10,816,232 to Defendant A by November 24, 2012 in accordance with the instant insurance contract.

C. Among the insurance contracts with Defendant A as the insured, and the insurance contracts whose daily days of hospitalization due to disease or injury are guaranteed by the Defendant A as the insured, the contents of the insurance contracts which were maintained at the time of the instant insurance contracts or concluded after the instant insurance contracts and the insurance proceeds received therefrom are as follows:

(D) The product name of the insurance company refers to the contractor as of the date of the insurance contract of the contractor, and if there is a change in the contractor, it shall be stated in the remarks column.

Where the monthly insurance premium (won) is known, the standard amount of insurance contract shall be followed, and where it is unknown, the result of the order to submit financial transaction information shall be followed.

A daily allowance to be additionally paid shall not be reflected in cases of hospitalization for a major disease (the original disease) or hospitalization for a serious patient's room due to a general accident.

The term "stock company" of an insurance company below 1ING bio-resources shall be omitted in all cases.

(vi)Mastrost social species D on November 24, 2011, Defendant A A 156,700 diseaseed by 60,000 60,000 injuryd by 21,220,000 policyholders;

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