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(영문) 광주지방법원목포지원 2015.08.20 2014가합13001
보험계약무효확인 등의 소
Text

1. It is confirmed that an insurance contract entered into between the Plaintiff and Defendant B is null and void.

2. The plaintiff, defendant .

Reasons

1. Basic facts

A. On August 20, 2004, Defendant A entered into an insurance contract on the attached Table 1 (hereinafter “instant insurance contract”) with the Plaintiff as the insured and the beneficiary of the insurance money and entered into an insurance contract with the content that he received the daily allowances for hospitalization from the Plaintiff in the event that he is treated as an injury or disease. On January 9, 2008, Defendant A changed the contractual parties of the instant insurance contract and the beneficiary of the insurance money into the Defendant B, who is an infant.

B. From December 15, 2004 to December 20, 2004, Defendant A received hospital treatment from C in total for 513 days from 29 days until June 24, 2014, as shown in attached Table 2, on the ground that he was hospitalized at C in a hospital for six days, and Defendant A received hospital treatment from the Plaintiff for 6,510,000 won and 26,411,921,921,921, respectively.

C. Meanwhile, the insurance contracts concluded between the Defendants and their families before and after the conclusion of the instant insurance contracts with the insurance companies including the Plaintiff, as the insured, and the insurance premiums paid and the insurance proceeds paid accordingly are indicated in the following table:

The table: The part indicated as “0” in the details of the insurance contract concluded by Defendant A as the insured and the “insurance money” column is the part where the relevant details are not nonexistent or where the evidence submitted up to the present time alone is not confirmed.

Meanwhile, according to the above evidence, the defendants could have received more amount of daily allowances for hospitalization than stated in the column of "daily allowances for hospitalization" in the case of being hospitalized by a specific disease according to some special agreement among the above insurance contracts.

In addition, in addition to each insurance contract mentioned above, Defendant A concluded several recommended insurance contracts with Defendant B as the insured, and accordingly, it seems that Defendant A received a large amount of insurance money.

The name of the good on the date of subscription of the insurance company.

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