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(영문) 인천지방법원부천지원 2015.04.29 2014가합6038
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 September 25, 2012, the Defendant entered into an insurance contract between the Plaintiff and the Defendant with the Defendant as the policyholder and the insured (hereinafter “instant insurance contract”), respectively, on September 25, 2012, and on September 26, 2012, an insurance contract listed in attached Table 1 List 1 List 2 (hereinafter “instant insurance contract”).

B. The Defendant received the Defendant’s insurance money, as indicated in the attached Table 2, received hospital treatment for 63 days from October 16, 2012 to December 17, 2012 under the name of sick person, such as brain dead, etc., from B hospital, from that time, and received hospital treatment for 417 days from that time until November 26, 2014, and received KRW 16,680,000 in total from the Plaintiff according to each of the instant insurance contracts.

C. The Defendant, including the Defendant’s multiple insurance contracts, concluded a total of 13 insurance contracts with 11 insurance companies as indicated in the status of concluding insurance contracts between May 31, 2011 and July 25, 2013, including the instant insurance contracts (the current insurance contracts are total of 9 cases), and accordingly, the monthly insurance premium that the Defendant is liable to pay as of the closing date of pleadings is KRW 680,940.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 13 (including paper numbers), the purport of the whole pleadings

2. From May 31, 2011 to July 25, 2013, the Defendant asserted by the Plaintiff concluded 13 insurance contracts, including each of the instant insurance contracts, with similar coverage.

After that, the monthly insurance premium for 10 insurance contracts maintained by the defendant (except for 2 insurance contracts terminated after the termination of the modern marine insurance and one insurance premium) has been KRW 716,940. At the time, the defendant did not have economic ability to pay the above insurance premium.

At the time of entering into each of the instant insurance contracts with the Plaintiff, the Defendant did not notify the fact that another insurance company was insured.

The defendant shall extend the period from October 16, 2012 to November 26, 2014.

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