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(영문) 광주지방법원 2017.11.10 2017가합53076
보험에 관한 소송
Text

1. It is confirmed that an indication insurance contract of the attached insurance contract is void;

2. The defendant 7,260.

Reasons

1. Basic facts

A. On August 25, 2009, the Defendant concluded an insurance contract with the Plaintiff and the Defendant as the insured (hereinafter “instant insurance contract”) as indicated in the attached Table 1 insurance contract, including a special agreement under which the Plaintiff and the Defendant receive compensation for KRW 20,000 per the number of days of hospitalization in cases of receiving hospitalized treatment due to injury, and KRW 20,000 per the number of days of hospitalization in cases of receiving hospitalized treatment due to disease.

B. After entering into the instant insurance contract, the Defendant was hospitalized at B oriental medical hospitals for about 19 days on October 30, 2009 on the grounds of knee base and tension. From October 30, 2009 to November 9, 2016, the Defendant was hospitalized at C oriental medical hospitals, D oriental medical hospitals, etc. for about 363 days in total, as shown in attached Table 2, and received KRW 7,260,000 from the Plaintiff on the grounds of the above hospitalized treatment.

C. The Defendant, by 2009, entered into the instant insurance contract with the Defendant as the insured, received approximately KRW 108,754,666 for the purpose of hospitalization expenses, including the insurance amount paid by the Plaintiff, by entering into seven insurance contracts similar to the instant insurance contract and the details of coverage. The specific details are as shown in the attached Table 3.

The defendant paid local taxes due to the possession of housing, etc. from 2007 to 2010, and there is no details on which the tax authorities reported the income.

[Reasons] Facts without dispute, Gap 1 and 2 evidence (including each number), the court's East Fire Insurance Co., Ltd., PCA Life Insurance Co., Ltd., Korea Commercial Damage Insurance Co., Ltd., AIA Life Insurance Co., Ltd., KDB Life Insurance Co., Ltd., and the result of each order to submit financial transaction information about KB Damage Insurance Co., Ltd., the court's order to submit each taxation data to the Mine Office of Gwangju Metropolitan City, the purport of the whole pleadings

2. The assertion and judgment

A. The defendant alleged by the plaintiff.

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