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1. Of the judgment of the court of first instance, the part demanding confirmation of invalidation of insurance contracts and the amount ordering payment under paragraph 3 below.
Reasons
1. Basic facts
A. On March 13, 2009 and November 27, 2009, the Plaintiff entered into an insurance contract with the Defendant as the insured (hereinafter “each of the instant insurance contracts”).
B. On March 29, 2010, the Defendant paid the Plaintiff’s insurance proceeds and the Plaintiff’s insurance proceeds, as indicated in attached Table 2 “inpatient treatment” from April 8, 2010 to May 14, 2014, after being diagnosed by the right bed, due to an accident beyond mountain, etc., the Defendant received hospital treatment for 766 days in total due to climatic pain, urology, high blood pressure, etc. from May 10 to May 26, 2014. From May 10, 2010 to May 26, 2014, the Defendant received insurance proceeds from the Plaintiff totaling KRW 45,590,00,00, total insurance proceeds of KRW 8,321,391, total insurance proceeds of insurance contracts listed in attached Table 1 List 1 (= KRW 45,50,000, KRW 8391, KRW 391, KRW 391).
C. The Defendant’s receipt of insurance proceeds and the status of the conclusion of the insurance contract and the payment of insurance proceeds as indicated in the attached Table 3 “Insurance Company and Insurance Money Receipt,” the insured, concluded a total of 13 insurance contracts before and after the conclusion of each of the instant insurance contracts (excluding any termination or extinguishment thereof). The Defendant received insurance proceeds equivalent to KRW 286,274,242 from the insurance companies, including the Plaintiff, as seen earlier according to each of the above insurance contracts.
Around August 18, 2014, the Defendant filed an additional claim for insurance proceeds with the Plaintiff, who received hospitalized treatment from May 30, 2014 to August 14, 2014, for 77 days from May 30, 2014, due to sacratitis, etc., but the Plaintiff rejected the payment of insurance proceeds.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 7, Eul evidence Nos. 1 through 3 (including each number), and the first instance court MG damage insurance company, life insurance association, merz fire insurance company, Emerz fire insurance company, Emerz fire insurance company, Hyundai Marine Fire Insurance Co., Ltd., Hyundai Marine Insurance Co., Ltd., Korea Marine Fire Insurance Co., Ltd., B hospital, C hospital, and D prison departments.