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(영문) 광주지방법원 2016.03.24 2015가합57357
계약무효확인 등
Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On July 29, 2009, Defendant B entered into an insurance contract with the Plaintiff as the insured (hereinafter “instant insurance contract”).

After that, Defendant B changed the contractor of the instant insurance contract to Defendant A on October 5, 2010.

B. After the conclusion of the instant insurance contract, Defendant B received hospitalized treatment for 15 days at C Hospital from October 17, 2009 to October 31, 2009, as well as for 43 times in total from October 17, 2010 to February 17, 2015.

C. The details of the conclusion of the insurance contract with Defendant B as the insured and the amount of the insurance proceeds received were between 2009 and 2010, and the Defendants entered into an insurance contract with the insured as indicated in the following table, which is similar in terms of the content and nature of the insurance contract, and accordingly, received total KRW 124,340,624 from the insurance company including KRW 21,726,679, which was received from the Plaintiff.

(2) On February 3, 2016, the Plaintiff Co., Ltd. entered the insurance company in the above insurance contract as “Sule Bank,” but it appears to be a clerical error. On September 30, 2010 between the Plaintiff and the Defendant A, the amount of non-dividend franchise social insurance concluded on September 30, 2010, plus KRW 10,000 to the contractor’s reserve in the event of death or serious injury, is a variable insurance with the content and nature of guarantee different from the insurance contract in this case. The Defendants paid only one premium with respect to the above insurance contract, and did not pay the premium thereafter. The insurance company’s monthly insurance premium received in the name of the goods of the insurance company (won) and the insurance company’s insurance premium received on July 27, 2009, under the condition of the contract for non-payment 30,000 won, 200,534, 93, 94.7.29.

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