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(영문) 창원지방법원진주지원 2017.10.12 2015가단36262
보험계약 무효확인 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 April 30, 2009, Defendant B concluded a non-distribution D insurance contract listed in the separate sheet of insurance contract with the Plaintiff, and a non-distribution E insurance contract listed on May 7, 2009, respectively.

(hereinafter “each of the instant insurance contracts” or in the order thereof, Defendant B changed the partial coverage of each of the instant insurance contracts on December 21, 2012, and changed the policyholder and beneficiary of each of the instant insurance contracts from Defendant B to Defendant C on October 2, 2013.

B. From September 3, 2010 to September 20, 2010 after the conclusion of each of the instant insurance contracts, Defendant B hospitalized the F Medical Center for a total of 571 days for a total of 26 days from September 3, 2010 to August 10, 2015 for treatment, such as urcology, skin farming, cathosome, and cerebral cathos, etc.

The Defendants claimed insurance money for Defendant B’s hospitalization and treatment as an insured event.

The Plaintiff paid the sum of KRW 60,098,868 as listed below, and KRW 38,367,607 paid before October 2, 2013, KRW 21,731,07 paid to Defendant B, and KRW 21,731,079 paid thereafter, to Defendant C.

C. In addition to each of the instant insurance contracts concluded with the Plaintiff, the Defendants concluded an insurance contract with other insurance companies as listed below.

The Defendants also claimed insurance money against Defendant B’s hospitalization as an insured event. Insurance contracts, insurance premiums, and insurance money received by the Defendants with other insurance companies are as follows:

Serial H Insurance Co., Ltd. C 136,610,6105,974 I on February 25, 2010 (I), J insurance 61,0025,370,000,005K 60,200,000,005K 62,000,000,000,000,000 on May 25, 2010, 200, as the insurance company entered into a contract, and (i) HH insurance C 136,610,610,946,057, and (ii) the C insuranceJ 61,005,370,000,005K 60,200,30,308,30,00,000,000, 30,00,00,00,06,06,06,05, 206,208

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