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(영문) 수원지방법원 안산지원 2018.12.06 2016가합9428
보험에관한 소송
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

2. The costs of lawsuit shall be incidental to the participation.

Reasons

1. Basic facts

A. The Plaintiff is a company with the objective of concluding various insurance contracts, collecting premiums, paying insurance proceeds, etc. under such contracts.

B. On March 5, 2008, the Defendant and its Green Damage Insurance Co., Ltd. secured general injury, temporary living expenses, hospitalization expenses, etc. with the Defendant as the insured. The monthly insurance premium was set at KRW 26,283, and entered into an insurance contract indicated in the separate sheet No. 1 (hereinafter “instant insurance contract”). On May 3, 2013, the Plaintiff acquired the instant insurance contract, etc. from the Green Damage Insurance Co., Ltd. upon the Financial Services Commission’s decision to transfer the contract.

C. As indicated in the attached Table 2, the Defendant was hospitalized in a hospital for 30 days from June 5, 2008 to August 2, 2016 and received treatment. The Defendant was paid KRW 35,372,69 in total in accordance with the instant insurance contract between the Green Damage Insurance Co., Ltd. and the Plaintiff.

From December 28, 2006, the insurance contract concluded between the defendant and the insured or the contractor shall be as shown in the attached Table 3, and the amount that the defendant received from the above insurance contract shall be as listed in the attached Table 3.

E. On August 29, 2016, the contractor of the instant insurance contract changed from the Defendant to the Intervenor joining the Defendant.

[Ground of recognition] In the absence of dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1 and 2 (including each number), each of the credit information sources of this court, AIG damage insurance company, ING life insurance company, KIN life savings company, Korea Federation of Agricultural and Fisheries Co., Ltd., the whole purport of the arguments, as a result of each order to submit financial transaction information to Nonghyup damage insurance company,

2. The plaintiff's assertion

A. The Defendant, which is the primary claim, concluded multiple insurance contracts that are similar to the content of the instant insurance contracts with other insurance companies, and paid excessive insurance premiums compared to the income. It is serious even if there is no severe disease or surgery.

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