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(영문) 부산고등법원(창원) 2017.08.17 2017나20862
보험에관한 소송
Text

1. Of the judgment of the court of first instance, the part against the Plaintiff regarding the amount of payment ordered below.

Reasons

1. Basic facts

A. On June 2, 2009, the Plaintiff entered into an insurance contract with the Defendant as the insured and entered into an insurance contract in attached Form 1 (hereinafter “instant insurance contract”).

The guarantee of the above insurance contract includes the amount of KRW 40,00 per day of hospitalization expenses and the amount of KRW 20,00 per day of general injury hospitalization expenses.

B. From July 3, 2009 to July 11, 2009, A received the occurrence of an insurance accident and the receipt of the insurance proceeds were hospitalized in the E hospital as an increased rate of e.g., acute shock for nine days, etc., from the time of the occurrence of the insurance accident, and were hospitalized in the hospital from February 10, 2014, as shown in the attached Table 2, 342 times from that time until February 10, 2014. The Plaintiff received insurance proceeds of KRW 22,741,192 in total according to the insurance contract of this case

C. From August 21, 2001 to September 2, 2013, the details of the conclusion of the insurance contract with A as the insured, in addition to the instant insurance contract, it concluded 17 insurance contracts, including a total of 17 insurance contracts, which include the contents of payment of the amount of hospitalization allowances per day for general injury or disease as the insured, and accordingly, A received from the insurance company totaling KRW 178,084,687 regarding the insurance accidents including each hospitalization stated in the attached Table 2.

[Based on recognition] Each of Gap evidence Nos. 1-4 (including paper numbers; hereinafter the same shall apply), Mez fire insurance, interesting country fire and marine insurance, Samsung Fire and Marine Insurance, Dong Fire and Marine Insurance, Escarmeral Marine Insurance, Nonghyup Life Insurance Co., Ltd., Nonghyup Life Insurance Co., Ltd., AI life insurance, ING life insurance, interesting country life insurance Co., Ltd., interesting country life insurance Co., Ltd., and Liber life insurance Co., Ltd.

2. Requests for nullification of an insurance contract;

A. Where a policyholder entered into an insurance contract with a view to unjust acquisition of insurance money through multiple insurance contracts, the insurance contract is a good custom under Article 103 of the Civil Act.

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