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(영문) 광주지방법원 2017.08.24 2016가합59268
보험에 관한 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 October 13, 2008, the Plaintiff and the Defendant entered into an insurance contract with the beneficiary, other than the insured or the deceased, as indicated in the attached Table 1 insurance contract (hereinafter “instant insurance contract”) with the Defendant. The instant insurance contract includes the collateral for the payment of the daily amount of hospitalization when the insured is hospitalized due to illness or injury.

B. According to the statement of Gap evidence No. 2-19 on December 20, 2008, the defendant's hospitalization period from December 20, 2001 to December 27, 2008 is specified. However, the above "No. 20 on December 20, 2001" appears to be a clerical error in the above "No. 20 on December 20, 2008."

From July 27, 2008 to December 27, 2008, Party B was hospitalized for 518 days in total as shown in attached Table 2, including that Party B received hospitalized treatment under the name of “sathoty tension” in the name of “satise tension,” as well as that Party B was hospitalized for 35 days in total from around that time to April 25, 2016.

(hereinafter “instant insurance accident”). C.

The guaranteed insurance contract that the defendant is the insured is as shown in the attached Form 3 (excluding automobile insurance and driver insurance) and among them, the insurance contract confirmed as having security to pay a day of hospitalization if the defendant is hospitalized due to injury or disease like the insurance contract of this case is 7 cases in total of the insurance contracts listed in the attached Table 3 Nos 1, 2, 8, and 12.

Of the insurance contracts listed in the attached Table 3, the number of insurance contracts maintained as of January 1 each year shall be 6 cases in 2008, 10 cases in 2009 to 2010, 2011 cases in 2010, 14 cases in 2014, 17 cases in 2012 to 2013, 15 cases in 2015, 10 cases in 2016, 23 and 24 attached Table 3 in 2017, and each insurance contract in 23 and 24 in 2017 shall be deemed to have expired since January 1, 2017.

d.

The amount paid by the Plaintiff to the Defendant is KRW 15,660,00, and multiple insurance companies, including the Plaintiff, are various insurance accidents including the instant insurance accidents.

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