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(영문) 수원지방법원 안산지원 2018.12.20 2017가합5942
보험에관한 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, 2010, the Plaintiff entered into an insurance contract with the Defendant as a stock company with the purpose of insurance business, etc. (hereinafter “instant insurance contract”).

B. The instant insurance contract includes a special agreement that provides for 20,000 won per day of hospitalization in the case of receiving treatment by being hospitalized in a hospital or clinic due to an injury in addition to paying the purchase amount of insurance in the case of death or disability caused by an injury, and 30,000 won per day of hospitalization in the case of the insured being hospitalized in a hospital or clinic due to a disease.

C. From December 21, 200 to September 3, 2013, the insurance contracts of this case concluded by the Defendant as the insured by himself/herself or his/her children and excluded cancer insurance and pension insurance, the content and nature of which cannot be deemed similar.

The details shall be as shown in the attached list 2. D.

As indicated in the attached Table 3, the Defendant was hospitalized in a hospital for 265 days from June 12, 2012 to August 8, 2016 and received treatment at a total of 18 days, as indicated in the attached Table 3. The Defendant was paid insurance proceeds of KRW 14,455,94 in total from the Plaintiff according to the instant insurance contract.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, D Co., Ltd., E Co., Ltd., F Co., Ltd., G Co., Ltd., H Co., Ltd., and I Co., Ltd., the purport of the entire pleadings

2. The plaintiff's assertion entered into a multiple insurance contract with another insurance company whose coverage is similar to that of the insurance contract of this case, and paid excessive insurance premium compared to that of the insurance company. After that, in light of the defendant's symptoms and diagnosis, the defendant was hospitalized excessively and received a large amount of insurance money from many insurance companies including the plaintiff.

In light of these circumstances, the insurance contract of this case is covered by the defendant through multiple insurance contracts.

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