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(영문) 광주지방법원 2015.08.20 2014가합52379
보험계약무효확인 등의 소
Text

1. It is confirmed that each insurance contract entered in the separate sheet concluded between the Plaintiff and the Defendant is invalid.

2. The defendant.

Reasons

1. Basic facts

A. On April 17, 200, the Defendant entered into an insurance contract with the Plaintiff as the insured on April 17, 200, as described in the attached list 1 (hereinafter “instant insurance contract”) and on April 19, 200, as described in the attached list 2 insurance contract in which the Defendant’s husband is the insured who is the Defendant’s husband B (hereinafter “instant secondary insurance contract”), respectively (hereinafter “instant insurance contract”).

B. On April 2, 2002, the Defendant paid the Plaintiff’s insurance proceeds, as well as hospitalized at C Hospital for 94 days at the C Hospital on April 2, 2002, and as indicated in the period of the Defendant’s hospitalization, received hospital treatment for 988 days in total from April 2, 2002 to October 31, 2013, and received KRW 66,975,461 in total from the Plaintiff under the instant insurance contract due to the above hospitalized treatment, etc.

On the other hand, B was hospitalized for 42 days in D Hospital as of September 17, 2002 between regions, as well as for 939 days from September 17, 2002 to October 15, 2014, as indicated in attached Table B, and was hospitalized for 939 days from September 17, 2002 to October 15, 2014. The Defendant received KRW 43,343,96, total sum of the insurance money from the Plaintiff pursuant to the instant second insurance contract due to the foregoing hospitalized treatment, etc.

C. Among each insurance contract that was concluded by the defendant with the policyholder and the beneficiary of insurance money as the insured, the insurance contract of this case which was maintained at the time of or was concluded after the conclusion of the first insurance contract of this case and each insurance contract that was concluded by the defendant or B with the policyholder and the beneficiary of the insurance money as the insured, the insurance contract of this case which was maintained at the time of or was concluded after the conclusion of the second insurance contract of this case and the insurance contract of this case which was received from the insurance company including the plaintiff (hereinafter "the insurance accident of this case") in accordance

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