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(영문) 부산고등법원 2016.04.28 2015나54288
보험계약무효확인 등
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. (1) On October 7, 2014, the Plaintiff, a non-life insurer, concluded an insurance contract with the Defendant to compensate for expenses for disease, hospitalization, etc. (hereinafter “instant insurance contract”). The main contents are as follows.

(2) Major insurance terms of an insurance contract: Insurance coverage period of non-paid MaGwon pool integrated insurance: from October 7, 2014 to October 7, 2098 - Admission costs: 20,000 won per day: - 20,000 won per day - brain transfusions, heart-related diseases, and surgery costs for human mission saving: 2,00,000 won per day - 16 specific disease surgery costs: 50,000,000 won - Medical care costs for disease patients - 250,000 won: 2,000 won for diagnosis benefits for brain-cerebrovascular diseases: 2,00,000 won

B. (1) B paid the occurrence of an insurance accident and the insurance amount (1) due to the two symptoms on October 8, 2014, the Plaintiff was diagnosed as a maternal disease during the period of being hospitalized in the C Hospital due to the symptoms of the two symptoms on October 17, 2014, and was diagnosed as a maternal disease during the period of being hospitalized in the C Hospital due to the two symptoms on October 17, 2014, and was transferred to the Busan National University Hospital on October 27, 2014 and was hospitalized until November 12, 2014.

(2) On November 19, 2014, pursuant to the instant insurance contract, the Plaintiff paid KRW 10,144,331 to the Defendant totaling KRW 10,31,00,00 as follows, with the insurance proceeds for the diagnosis and treatment of the maternal disease in the Republic of Korea:

Details of payment of insurance proceeds - 460,000 won for hospitalization of cerebrovascular disease (20,000 won x 23 days): - 2,00,000 won for 16 specific disease surgery expenses: 1,000,000 won for 16 specific disease surgery expenses - 300,000 won for - 5,308,990 won for hospitalized medical treatment expenses for diseases - 57,700 won for diagnosis of cerebrscular disease: 1,00,000 - interest for overdue disease - there is no dispute over 17,641 won for interest for delay : 17,641 won (applicable for recognition); 30,000 won for 37,000 won for diagnosis of cerebrs disease; 300,000 won for 30,000 won for 16 diseases; 300,000 won for inquiry of fact to Busan Hospital;

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