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(영문) 광주고등법원 2016.12.14 2016나12488
보험계약무효확인 등
Text

1.The judgment of the first instance shall be modified as follows:

Attached Table 1 entered into between the Plaintiff and the Defendant.

Reasons

1. Basic facts

A. On November 25, 2010, the Defendant entered into an insurance contract with the Plaintiff as the insured and the beneficiary of the death, respectively, and concluded the insurance contract listed in Paragraph (1) of the attached Table No. 1 (hereinafter “instant insurance contract”); and on April 8, 2010, listed in Paragraph (2) of the attached Table No. 2 (hereinafter “instant Type No. 2 insurance contract”); referring to the instant insurance contract No. 1 and 2; hereinafter “each of the instant insurance contracts”).

B. On November 25, 2010, the Defendant: (a) was hospitalized in B oriental medical hospitals for 14 days from November 27, 2010 to December 10, 2010 on the ground that the Defendant exceeded a bath room on November 25, 2010; and (b) was hospitalized in B oriental medical hospitals for 21 days from that time until June 2, 2014, as indicated in Table 1; (b) the Defendant claimed for insurance proceeds against the subsequent disability related to the hospitalization listed in Table 1 insurance accident in Table 1 below; (c) the Plaintiff claimed for insurance proceeds against the Defendant, on the ground that the Plaintiff was hospitalized in each of the following table 1 to 1 insurance accident; and (d) the Plaintiff did not pay insurance proceeds in the sequence 1 to the Defendant as follows:

3) In accordance with the instant insurance contract, the Defendant filed a claim against the Plaintiff for insurance proceeds regarding the hospitalization Nos. 1, 6, 10, 16, and 20 of the table Nos. 1 and the subsequent disability related to the insured events listed in the table Nos. 1 below, and the Plaintiff paid the Defendant the insurance proceeds of KRW 2,580,000 in total as described in the table No. 1 below (unit No. 1) for the number of days of hospitalization named in the name of hospital No. 2 insurance contract No. 1, the date of discharge of the insurance proceeds of the first oriental medical hospital No. 2 insurance contract No. 1, the date of non-hospitalize discharge of the insurance proceeds of the first oriental medical hospital No. 1, the date of discharge of the insurance proceeds of the second oriental medical hospital No. 1, the date of discharge, and the date of influorite salt (the occurrence of the subsequent disability following the escape of the signboard No. 2

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