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(영문) 광주고등법원 2017.06.02 2016나11737
보험에관한 소송
Text

1. Revocation of the first instance judgment.

2. All of the plaintiff's claims are dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 11, 2009, the Defendant concluded an insurance contract with the Plaintiff on December 11, 2009, stating that in the event that the insured was hospitalized due to an injury or disease, etc., he/she received hospitalization allowances, etc. from the Plaintiff (hereinafter “instant insurance contract”).

B. From January 8, 2010 to January 27, 2010, the Defendant received 57,850,000 won in total as insurance money for the above hospitalized treatment in accordance with the instant insurance contract, from that time, from that time, 20 days were hospitalized in B Hospital on the ground of urology, and from February 13, 2015, 56 times as shown in the attached Table 2.

C. The insurance contracts that the defendant concluded with the insurance company including the plaintiff and the defendant as the insured (hereinafter referred to as "each of the insurance contracts of this case"), and the premiums, daily allowances for hospitalization, and the details of the insurance proceeds paid accordingly are as listed in the following table:

50,000 20,000 20,000 30,000 40,000 20,000 1,000 30,000 91,616,533 on September 29, 200, 170 20,000 40,000 40,000 20,000 20,000 40,000 230,000,000 120,000 20,005,000 20,05,000 20,05,000 20,000 1,05,06,00 20,05,06,01,00 20,06,05,00 1,06,00 1,06,04,00

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