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(영문) 전주지방법원 군산지원 2018.10.11 2016가합11945
보험에관한 소송
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On March 21, 2008, the Plaintiff entered into the instant insurance contract with Defendant A, with Defendant B as the insured, and entered into an insurance contract indicated in the attached Form “Indication of the instant insurance contract” (hereinafter “instant insurance contract”).

B. Defendant B received hospitalized treatment for a total of 727 days due to knee-pathing, knee-pathing, light-feng, and type B infection, as indicated in the “current Status of Payment of Insurance Money” following the conclusion of the instant insurance contract from March 9, 2009 to July 11, 2016. In this regard, the Defendants received insurance money totaling KRW 43,680,000 from the Plaintiff.

C. The term “insurance contract” refers to an insurance contract in which the content and nature of this case’s insurance contract is similar to that of this case’s insurance contract from around 2005, which is concluded by Defendant B from around 2005.

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 Nos. 34 and 35 are Defendant A, not Defendant B.

Accordingly, the insurance proceeds received by Defendant B from each insurance company are KRW 74,172,50 in total as stated in the “the details of receipt of the insurance proceeds” in the attached Form.

Defendant A filed each return on the Defendant’s income amounting to KRW 8,902,587, KRW 3,620,00 in 209, KRW 7,070,00 in 2010, KRW 77,94,006 in 2011, KRW 158,41,429 in 201, KRW 137,595, KRW 583 in 2013, KRW 40,610,00 in the following:

【Ground of recognition】 The fact that there is no dispute, entry of Gap's 1 through 29 (if there is an additional number, including a branch number; hereinafter the same shall apply) and the purport of whole pleadings

2. The plaintiff's assertion

A. The Defendants, the primary cause of claim, concluded multiple insurance contracts, and concluded the instant insurance contract for the purpose of unlawfully acquiring insurance proceeds after undergoing excessive surgery and hospitalized treatment. As such, the instant insurance contract is stipulated in Article 103 of the Civil Act.

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