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(영문) 광주지방법원 2017.12.21 2017가합52011
보험에 관한 소송
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 May 26, 2008, the Plaintiff and the Defendant entered into an insurance contract with the beneficiary, other than the insured or the deceased, as indicated in the attached Table 1 insurance contract (hereinafter “instant insurance contract”) with the Defendant. The instant insurance contract includes the collateral payment for the daily amount of hospitalization when the insured is hospitalized due to illness or injury.

B. From February 22, 2009 to March 5, 2009, the Defendant received hospital treatment for 333 days in total on a 548-day basis as shown in attached Table 2 from around the time to October 17, 2016 under the name of “the state of brain-related disease, high blood pressure, infected infection, and acute divorce” at the Jeonnam University Hospital, as well as having received hospital treatment for 548 days in total as shown in attached Table 2.

(hereinafter “instant insurance accident”). C.

The Defendant’s guaranteed insurance contract is as shown in Attachment 3, and the insurance terminated before the conclusion of the instant insurance contract, and is not similar in terms of the content and nature of the instant insurance contract, dental insurance, and driver insurance, all of which are excluded.

Among them, the insurance contract confirmed that there is a security to pay the daily amount of hospitalization in the event of injury or disease, such as the insurance contract of this case, is six cases in total of the insurance contracts listed in Nos. 3 5 through 10.

The insurance contracts maintained as of January 1 of each year among the insurance contracts listed in the Attachment 3 are 10 cases in 2007, 3 cases in 2008, 9 cases in 2009, and 10 cases in 2010 to 2017.

The amount paid by the Plaintiff to the Defendant is KRW 43,604,027, and the amount confirmed by multiple insurance companies, including the Plaintiff, as insurance proceeds paid to the Defendant due to various insured events, including the instant insured events, is KRW 159,931,338.

E. The Defendant’s earned income details from 2007 to 2016 are as follows:

207 25,000,000 208 29,832,500 of the total salary devolving upon the State.

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