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(영문) 서울중앙지방법원 2018.10.24 2017나43281
손해배상(기)
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On April 11, 2005, the Plaintiff, a juristic person operating an insurance business under the Insurance Business Act and other Acts and subordinate statutes, entered into an insurance contract with the insured as the defendant, the payment period of 20 years, and the non-dividend general security II-3 (hereinafter “instant insurance contract”) with the payment premium of 46,400 won per month. Of the terms of the instant insurance contract, the parts relating to the instant case are as follows.

Type of insurance: In the case of B-insured for non-dividend integrated security II-3: The number of the following persons - In the case of Defendant: B- In the case of hospitalization: B- In the case of insurance period: approximately 80 years of age: D- In the case of hospitalization expenses: the maximum of 15 large diseases or other diseases and disasters, 120 days of hospitalization (within the limit of 15 days per day, 120 days per day, 120 days for an adult) continuously for more than 4 days for direct purposes of the treatment after the diagnosis and confirmation of the disease or other diseases and disasters: 50,000 won per day, 200 won; : 20,000 won per day, 3 days or more): In the case of hospitalization (within the limit of 120 days) continuously for more than 4 days for direct purposes of treatment due to disease or disaster

B. On May 25, 2011, the Defendant was hospitalized in the hospital for 28 days as of May 23, 2011, after being hospitalized into the D Jong-gu Magne Magne Magne Magne Magne Magne C (hereinafter “instant accident”) due to disease, such as the change of the name of hospital as the current Egr Magr Magr Magr Magr Magr Magr Magr Magr Magr Magr Magr Magr Magr Magr, and after being hospitalized in the hospital by May 31, 2011.

C. The defendant Na

After receiving the hospitalized treatment under the instant insurance contract, the Plaintiff claimed for the payment of the cost of hospitalization, etc. according to the instant insurance contract. On August 2, 2011, the Plaintiff paid 750,000 won (=50,000 won + 250,000 won) with the insurance money related to hospitalization, such as the principal contract’s hospitalization cost of KRW 50,000, and the hospitalization benefit of the special agreement of KRW 250,000.

[Ground for recognition] Unsatisfy, Gap evidence 1.

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