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(영문) 서울중앙지방법원 2015.10.15 2014가단129749
채무부존재확인
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 4,650,000 to the Defendant (Counterclaim Plaintiff) and its related amount from January 4, 2012 to November 13, 2014.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff’s spouse B, the Plaintiff, was the Plaintiff and entered into the following two insurance contracts with the Defendant (hereinafter “instant insurance contracts”).

1) The insured period from May 20, 201 to May 20, 201, the date of the Family Love Insurance Contract (45 years) for the following: (a) the insured period from May 20, 201 to May 20, 2056: (b) the insured period of (45 years) the insured - the other beneficiary B’s security interest - the general hospitalization expenses (at least one day), 20,000 won for the long-term hospitalization expenses of an injury (at least 300,000 won for the long-term hospitalization expenses of an injury (at least 31 days, at least 61 days, at least 30,000 won for 61 days, and at least 30,000 won for 30,000 won for the day of the driver insurance contract for the day of August 19, 201 to August 19, 2036 - the Plaintiff’s insurance proceeds other than the beneficiary’s general injury security interest (at least 30 days,00 days for more than 00 days

B. The Plaintiff: (a) around August 23, 2011, the Plaintiff exceeded a bicycle riding on the same month from September 11, 2011 to September 30, 2011; (b) the skne and knee-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe

9. 35 days (excluding March 13) was hospitalized at the Dental Hospital and E Council members located in Gangseo-gu Seoul Metropolitan Government, and G Hospital located in Jung-gu Incheon Metropolitan Government, and was re-hospitalized at the above E Council members for 26 days from December 6, 201 to December 31, 201. (c) The Defendant re-hospitalized the Plaintiff at the expense of general injury hospitalization and injury long-term hospitalization expenses according to the instant insurance contract, and the Plaintiff at the expense of general injury hospitalization and injury long-term hospitalization expenses, and the insurance proceeds of KRW 4,650,000 (hereinafter “instant insurance proceeds”).

D. D.

In the case No. 2013-type and No. 35842 on February 28, 2014, the prosecutor of the Incheon District Prosecutors' Office is recognized as having committed the crime of receiving insurance proceeds by deceiving the plaintiff as if he had received normal hospitalized treatment even though it was not necessary to receive hospitalized treatment during the period from August 24, 2011 to December 31, 2011, but did not have any record of the same crime, and is not hospitalized at all without sick evidence, and the suspect is wrong.

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