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(영문) 전주지방법원 군산지원 2018.09.13 2017가합10550
보험에관한 소송
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 7, 2008, the Plaintiff entered into the instant insurance contract with the Defendant and entered into an insurance contract with the Defendant as the insured as indicated in the attached Form “Indication of the instant insurance contract” (hereinafter “instant insurance contract”).

B. The Defendant received hospital treatment for 336 days in total, as indicated in the “current Status of Payment of Insurance Money” following the conclusion of the instant insurance contract from February 14, 2009 to September 7, 2016, as indicated in the “current Status of Payment of Insurance Money” following the conclusion of the instant insurance contract. In relation to this, the Defendant received hospital treatment for 80,243,127 won in total from the Plaintiff.

C. The Defendant’s conclusion of various insurance contracts and the insurance contracts that the Defendant received from around 2008 included as the content of the insurance contracts whose coverage and nature are similar to those of the instant insurance contracts, or as the content of the patient’s daily allowance for hospitalization.

The contents of the insurance contracts are as shown in the attached table of "total List of Insurance Contracts": Provided, That the contracting parties of the insurance contracts Nos. 5, 18, and 20 are third parties, not the defendant.

Accordingly, the insurance proceeds received by the defendant from each insurance company are KRW 73,808,631 as stated in the attached Form.

The defendant's income reported 35,420,247 won, 27,449, 481 won, 35,67,643 won, 46, 46, 706 won, 39, 317, 2011, 317, 289 won, 40,195,079 won, 60,128, 128, 2014, 60, 43,684, 861 won, 2016, 44, 271, 942 won, 2017, 201, 39, 39, 2017, 2013, 40,195, 079 won, and 60,128,199 won, 2015, 43,684, 861 won, 2016, 5238,517

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 14 (if there is an additional number, including branch numbers; hereinafter the same shall apply), tax information and replys of this court on military bankruptcy, the purport of the whole pleadings

2. The plaintiff's assertion

A. The defendant, which is the primary claim, shall enter into a multiple insurance contract and perform excessive operations.

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