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(영문) 광주고등법원 2017.09.01 2015나12092
부당이득반환 등
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claims against the defendants are all dismissed.

3. The total cost of the lawsuit.

Reasons

1. Basic facts

A. On February 26, 2010, the Green Damage Insurance Co., Ltd. (hereinafter “instant insurance contract”) that the Plaintiff subscribed to the contract concluded with Defendant A an insurance contract entered into an insurance contract entered into between Defendant A and Defendant B as an insured person on the attached Table 1, whose mother is the Defendant B (hereinafter “instant insurance contract”).

The insurance contract of this case contains a special agreement that guarantees 30,000 won per day of hospitalization when Defendant B is hospitalized due to injury or disease.

B. The details of insurance contracts that the Defendants joined since 2003 are as listed in the following table.

(3) On October 22, 2006, Samsung 201, Samsung 21, 201, B1, B1, 201, B1, B1, 201, B1, B1, 30, 206, B1, 201, B1, B1, 30, 206, B1, 20, 30, 206, B1, 30, 206, B1, 20, 30, 20, 206, 20, B1, 30, 20, 206, 20, 30, 20, 20, 206, 20, 30, 20, 206, 20, 26, 20, 207, 20, 206, 30, 204, 206, 207, 206, 2010.

C. Defendant B: (a) concluded the instant insurance contract and on August 2, 2010, on the ground of “slicking in a bath”; (b) was diagnosed as “slicking in a bath, tension, and mar,” and was hospitalized for 15 days from August 2, 2010 to August 16, 2010; and (c) was recorded in the attached Table 2 as of March 4, 2014.

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