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(영문) 전주지방법원 군산지원 2018.10.11 2017가합11799
보험에관한 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 February 29, 2008 and February 19, 2009, the Plaintiff entered into each of the insurance contracts indicated in the separate sheet as “the indication of the insurance contract” with the Defendant as the insured (hereinafter collectively referred to as “instant insurance contract”).

B. The Defendant, after entering into the instant insurance contract, received hospital treatment for 308 days in total, due to knee-gnee-gnee-greging, hume-greging, hume-greging, hume-greging, etc. from March 26, 2009 to February 4, 2017, as indicated in the “current Status of Payment of Insurance Money” after entering into the instant insurance contract. In this regard, the Defendant received insurance proceeds from the Plaintiff in total.

C. The Defendant’s conclusion of various insurance contracts and the insurance contracts that the Defendant received from around 2006 included as coverage of injury (disaster) or disease daily allowances, the content and nature of which are similar to that of the instant insurance contracts.

The contents of the insurance contract are as shown in the attached Table 1, 8, 10, 13, 14, 16, and 17: Provided, That the contracting parties of the insurance contract are third parties, not the defendant.

Accordingly, the insurance money that the Defendant received from each insurance company is the total of KRW 134,570,399, as stated in the “the details of the receipt of the insurance money.”

The defendant's income from the defendant's income was the amount of business income in the military income tax, 51,474 won in 2008, 33,170,091 won in 2009, 33,472,306 won in 2010, 32,666,91 won in 201, 30,416, 30,416,610 won in 2013, 39,929,365 won in 2013, 3929,365 won in 2014, 42,245,992 won in 2014, and 29,084,668 won in 29,08,845 won in 2016, and 29,356,195 won in 207, respectively.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 4 (if there is an additional number, including a branch number; hereinafter the same shall apply) and the purport of whole pleadings

2. The plaintiff's assertion

A. The defendant, which caused the primary claim, concluded multiple insurance contracts, for the purpose of unfairly acquiring insurance proceeds after receiving excessive surgery and hospitalized treatment.

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