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(영문) 부산지방법원 2015.04.30 2012가단27342
채무부존재확인
Text

1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) KRW 24,107,490 as well as the full payment from September 9, 2013.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. (1) The Plaintiff is an insurer of each insurance contract in the attached Form, and the Defendant is a policyholder and the insured of each of the above insurance contracts.

(2) On July 27, 2005, the Defendant concluded a separate insurance contract with the Plaintiff on December 5, 2005 with respect to the attached insurance contract 1. (hereinafter “Nursing Insurance”). On December 5, 2005, the Defendant concluded a separate insurance contract with the Plaintiff regarding the attached insurance contract 2. (hereinafter “Life Security Insurance,” and including nursing insurance and well-being insurance, “the instant insurance contract”).

(3) The Defendant subscribed to nine insurance policies including the instant insurance contract with the Plaintiff.

B. The Defendant received insurance proceeds (1) from August 9, 2007 to December 29, 201, based on the instant insurance contract, received insurance proceeds of KRW 3,673,210 on September 19, 207 as the name of the disease daily allowance, etc. guaranteed under the instant insurance contract, on the ground that he/she was hospitalized and discharged at each medical institution, including B/C care hospitals, etc., and was hospitalized and discharged, and received KRW 90,149,277 on September 19, 2007.

(2) The Defendant purchased insurance equivalent to the aforesaid nine insurance policies, including insurance money based on the instant insurance contract, and received insurance money exceeding KRW 500 million from the first patrol officer of August 2007 until then.

C. (1) The Defendant filed a claim for the payment of insurance proceeds with C Hospital from February 2, 2012 to February 23, 2012, and received hospital treatment based on D hospital, E hospital, E hospital, F hospital, G convalescent hospital, H convalescent hospital, H convalescent hospital, I convalescent hospital, and J convalescent hospital, etc. from D hospital to August 23, 2013.

(2) The insurance money that the Defendant can claim against the Plaintiff due to hospital treatment equivalent to the above 205 days is the sum of KRW 5,940,00 based on nursing insurance, and KRW 18,167,490 based on well-dying insurance, and KRW 24,107,490.

[Ground of recognition] Unsatisfy, A(1) through (3)

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