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(영문) 창원지방법원 2016.04.20 2014가합33772
보험에관한 소송
Text

1. The insurance contract entered in the separate sheet concluded between the Plaintiff and the Defendant A is invalid.

2. The plaintiff, .

Reasons

1. Basic facts

A. 1) The Plaintiff (former: Green Cross Life Insurance Co., Ltd.) concluded the following insurance contract with C on August 8, 2007 as an insurance company. Upon the maturity division of the beneficiary of the Defendant B (C), the Plaintiff (former: Green Cross Life Insurance Co., Ltd.) entered into an insurance contract with C on August 8, 2007: (a) non-specified securities number D Products Name D; (b) Family Loved Life Insurance Co., Ltd.; and (c) when the beneficiary of the Defendant B (C), the period of hospitalization disability: (a) the contract contractor of the said insurance contract was changed to Defendant B, as shown in the attached list (hereinafter “instant insurance contract”) around February 19, 2013.

B. From January 11, 2008 to June 13, 2014, Defendant B received hospitalized treatment and surgery 59 times as shown in attached Tables 1 and 2, and Defendant B received KRW 68,004,806 from the Plaintiff as insurance money under the instant insurance contract, and Defendant A received KRW 18,075,831 from the Plaintiff, respectively.

C. The Defendants and C (the sum between the Defendants and C) concluded an insurance contract with the Defendants as the insured before and after the conclusion of the instant insurance contract, and received the insurance money as shown in the attached Table 3.

Defendant B, in collusion with “C” and from December 2, 2005 to December 2, 2007, entered 13 insurance contracts with Defendant B as the insured of Defendant B, and was hospitalized as a result of f36,880,453 won in total from an insurance company including the Plaintiff to October 2013 even though there was no need for long-term hospitalized treatment, and then received the insurance money from the insurance company including the Plaintiff, and received the said money from the insurance company from February 2, 2008 to Oct. 2, 2013. Defendant A was hospitalized, even if there was no need for long-term hospitalized treatment after purchasing 10 insurance policies between December 2005 and December 2007.

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