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(영문) 인천지방법원 2017.07.14 2017가합50033
보험에관한 소송
Text

1. It is confirmed that an insurance contract listed in the Schedule is null and void;

2. The defendant shall pay to the plaintiff KRW 25,598,821 and this shall apply.

Reasons

1. Indication of claim;

A. On February 26, 2009, the Defendant concluded an insurance contract with the Green Damage Insurance Co., Ltd. (hereinafter “Green Damage Insurance”) as the insured on the attached list (hereinafter “instant insurance contract”).

B. On May 3, 2013, the Plaintiff, a corporation running insurance business, etc., acquired various insurance contracts including the instant insurance contracts from the Green Damage Insurance upon a decision to transfer contracts by the Financial Services Commission, and was transferred the status of the insurer.

C. According to the security of the insurance contract of this case: ① In a case where the insured was suffering from bodily injury due to a sudden and remote external accident and resulting in an impediment to his/her living function or business ability and received treatment by hospitalization, the general injury or temporary living expenses of KRW 20,000 per day of hospitalization for only the date of hospitalization for not more than 180 days from the date of the accident; ② in a case where the insured was treated due to an injury, the general injury or temporary living expenses of KRW 10,000 per day of hospitalization for not more than 31 days; ③ in a case where the insured was treated due to an injury, the general injury or disease expenses of KRW 50,000 per day of hospitalization for not more than 31 days; ④ in a case where the insured was hospitalized for a hospital or a clinic due to a disease, the medical care expenses of KRW 30,000 per day of hospitalization for not less than 310 days from the date of the disease; ⑤ in a case where the insured was hospitalized for not more than 1800 days from the disease.

The Defendant’s total amount of KRW 25,598,821 from the Plaintiff on the ground of an insured incident (total of 449 days of hospitalization), which occurred from April 13, 2010 to July 25, 2016, for general injury, provisional living expenses, hospitalization expenses, disease-disease expenses, disease-disease treatment expenses, general injury treatment expenses, etc.

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