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(영문) 전주지방법원 군산지원 2018.10.11 2017가합10727
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 May 25, 2007 and July 11, 2007, 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, as indicated in the “current Status of Payment of Insurance Money” following the conclusion of the instant insurance contract, was hospitalized for a total of 52 days, due to protoxins, protoxins, perch infection, etc. during the period from April 14, 2009 to February 18, 2016, as indicated in the “current Status of Payment of Insurance Money” following the conclusion of the instant insurance contract. In relation to this, the Defendant received insurance money totaling KRW 83,021,366 from the Plaintiff.

C. The Defendant’s conclusion of various insurance contracts and the insurance contracts that the Defendant received from around 2007 included as the content of the insurance contracts whose coverage and nature are similar to those of the instant insurance contracts, or as the content of the patient’s daily allowance for hospitalization.

The contents of the insurance contract are as shown in the attached list of total insurance contracts: Provided, That the contracting parties of the insurance contract No. 71 are the third party who is not the defendant.

Accordingly, the insurance money that the Defendant received from each insurance company is the total of KRW 235,482,684, as stated in the “the details of the receipt of the insurance money.”

The defendant's income reported the annual income amount to the following as follows.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 3 (if there is a spot number, including a spot number; hereinafter the same shall apply), the result of the order issued by this court to submit tax information and reply to the No. 133, the purport of the whole pleadings

2. The plaintiff's assertion

A. The Defendant, which is the primary cause of claim, concluded a multiple insurance contract, and concluded the instant insurance contract for the purpose of unfairly acquiring insurance money after undergoing excessive surgery and hospitalized treatment. Thus, the instant insurance contract is contrary to good morals and other social order stipulated in Article 103 of the Civil Act.

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