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(영문) 대전고등법원 2018.04.12 2017나16103
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

Basic Facts

On May 27, 2009, the Defendant concluded an insurance contract on May 27, 2009 (hereinafter “instant insurance contract”) with the insured as the Defendant, and entered into an insurance contract on the attached Table 1 stating that the insured would receive hospital treatment due to injury or disease (hereinafter “instant insurance contract”).

On May 3, 2013, the Plaintiff acquired rights and obligations under the instant insurance contract from the Green Damage Insurance Co., Ltd. according to the FSC’s decision to transfer contracts.

From July 29, 2010 to August 2, 2010, the Defendant was hospitalized in B Hospital for a total of 501 days as shown in the details of hospitalization in attached Table 2 until September 7, 2016, as well as the Defendant was hospitalized in B Hospital for a total of 501 days, and received KRW 66,236,346 from the Plaintiff as insurance money under the insurance contract of this case.

(1) Samsung Life Insurance Co., Ltd. (1.5) 10,350 won on July 13, 2006, 100,000 won on December 8, 2017; 200,000 won on March 48, 2007; 3. 10,000 won on June 19, 200; 10,000 won on March 6, 2000 on March 7, 2007; 10,000 won on March 7, 2007; 10,000 won on March 7, 2007; 20,000 won on March 7, 2007; 10,000 won on July 7, 201: 70,000 won on July 16, 207; 200,000 won on June 13, 2007.

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