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(영문) 광주지방법원 2017.08.17 2017가합50497
보험에관한 소송
Text

1. It is confirmed that the insurance contract entered in the attached Form 1 insurance contract concluded by the Plaintiff and the Defendant is null and void.

2...

Reasons

1. Basic facts

A. On January 25, 201, 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. From May 12, 2011 to June 3, 2011, the Defendant received hospitalized treatment for 27 days in total due to symptoms, such as vertebrate separation certificate, 4-5 square meters escape certificate, etc. at B Hospital from around that time to January 17, 2017, as shown in attached Table 2, for 20 days, from May 12, 201 to June 3, 201, the Defendant was hospitalized for 392 days.

C. The guaranteed insurance contract that contains the security payment for the daily amount of hospitalization when the insured is hospitalized due to illness or injury as stated in the instant insurance contract, which is the insured, is listed in attached Table 3.

Money paid by the Plaintiff to the Defendant is KRW 7,240,00, and the amount confirmed as insurance money paid by multiple insurers including the Plaintiff is KRW 73,654,866.

E. The Defendant reported to the tax authority the tax amount of KRW 4,445,290 in 2010, KRW 610,300 in 201, KRW 612 in 2013, KRW 5,177, KRW 297 in 2014, KRW 5,251, KRW 597 in 2014, and KRW 11,556,07 in 2015, and paid property tax, etc. on other real estate, etc.

[Ground of recognition] The absence of dispute, Gap's statements in Gap's 1 through 3, 5 through 9 (including numbers if there are branch numbers; hereinafter the same shall apply), the fact-finding results on the Gwangju regional headquarters of the National Health Insurance Corporation of this Court, the result of this court's order to submit each document to C hospital, D hospital, E hospital, hospital, F hospital, G hospital, and H hospital, the result of this court's order to submit each document, the Eastern Fire Marine Insurance Co., Ltd. (hereinafter "Co., Ltd.") of this court, the Hansung Life Insurance, Mezz fire insurance, marine insurance.

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