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(영문) 광주지방법원순천지원 2016.01.12 2015가합10074
부당이득반환등
Text

1. The insurance contract concluded between the plaintiff and the defendant is invalid.

2. The defendant shall be the plaintiff.

Reasons

1. Basic facts

A. On October 15, 2007, the Green Damage Insurance Co., Ltd. entered into the instant insurance contract with B as the insured (hereinafter “instant insurance contract”) and thereafter, the said contract was changed to the Defendant.

The insurance contract of this case includes a special agreement that guarantees 20,000 won per day in the case of being hospitalized by the insured due to injury, and 30,000 won per day in the case of being hospitalized by disease.

On May 3, 2013, the Financial Services Commission made a decision on the transfer of insurance contracts concluded by the Green Damage Insurance Co., Ltd. pursuant to Article 14(2) of the Act on the Structural Improvement of the Financial Industry and related rights and duties or contractual status thereof to the plaintiff (the non-life insurance Co., Ltd. at that time).

(hereinafter referred to as “Plaintiffs” without distinguishing between the Korea Green Damage Insurance Co., Ltd. and the Plaintiff.

After concluding the instant insurance contract on April 21, 2009, the Defendant received hospitalized treatment for 17 days from the same day to May 7, 2009 due to diagnosis, such as farming and child care, etc., and as indicated below, 19 times in total from June 11, 2009 to July 15, 2014, 2000: (a) the Defendant indicated in the following table that he/she was aware of 19 times in detail; (b) the he/she made a disguised and floatitis and floatitis of shoulder; (c) the he/she was aware of the emeral floatitis of shoulder; (d) the emeral emeral emeral emeral emeral emeral emeral emeral emeral emeral emeral emeral emeral emeral emeral emeral emeral emeral emeral e.

The defendant is a total of KRW 23,718,643 on the ground of the above insured events.

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