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(영문) 대전지방법원 2014.10.30 2014가합104128
계약무효확인 등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On June 13, 2005, Defendant B entered into a mutual aid agreement between the Plaintiff and the beneficiary on June 13, 2005 with the content that the mother of the beneficiary would receive the benefits specified in the terms and conditions of the contract for surgery due to disease, disaster, and hospitalization.

B. After that, on May 31, 201, the instant mutual aid agreement was amended by the beneficiary of mutual aid from Defendant A to Defendant B, May 25, 201 by the beneficiary of mutual aid from Defendant B to Defendant A, and on September 26, 2012, the beneficiary of mutual aid from Defendant B to Defendant A, respectively.

C. On February 20, 2006, Defendant A began to receive hospitalized treatment until March 13, 2006 under the diagnosis of the escape from the cloral board at C Hospital on February 20, 2006, Defendant A received surgery and hospitalized treatment at a hospital in total 21 places, such as the details of payment of Attached 2 insurance proceeds, until August 24, 2013.

The Defendants filed a claim against the Plaintiff for the payment of surgery fees and hospitalization fees stipulated in the instant mutual aid agreement on the ground that Defendant A received surgery and hospitalized treatment as above. Accordingly, the Plaintiff paid a total of KRW 7,680,000 to the Defendant A and KRW 7,60,000 to the Defendant B as stated in the details of payment of the attached Form 2 insurance proceeds.

Serial Insurance Co., Ltd. (Free) Guarantee Insurance Co., Ltd., Ltd. (U.) Insurance Co., Ltd., Ltd. (U. 967 won 46,40,00 won 2. 51 February 13, 2006, 13.2. 50,000 won for long-term project deductions in the agricultural household in New Agricultural Co., Ltd. (U.C. 50,000 won and (one-time termination) 3 agricultural cooperative damage insurance Co., Ltd. Co., Ltd., Ltd., Ltd., for the long-term project deductions in the new domestic household in Co., Ltd. (U. 57,460 won on July 5, 2010) 6,318,520 won

E. Meanwhile, after entering into the instant mutual aid agreement, the Defendants entered into each insurance contract with Korea Life Insurance Co., Ltd. and Nonghyup Property Insurance Co., Ltd. with Defendant A as the insured, and received insurance proceeds. The specific content is as listed below.

[Based on recognition] Gap evidence Nos. 1 through 42.

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