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(영문) 광주지방법원 2017.12.21 2017가합51247
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 February 21, 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 matters as security for the payment of the daily amount of hospitalization when the insured is hospitalized due to illness or injury.

B. From December 12, 2008 to December 20, 208, the Defendant received hospitalized treatment for 222 days in total, as shown in attached Table 2, from around that time to December 16, 2014, as well as from around December 16, 2014, under the name of “regional” as the name of “regional” at B Hospital, the Defendant was hospitalized for 18 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 contracts confirmed that there are security matters to be paid per hospitalization in the event of injury or disease, such as the instant insurance contracts, are eight cases in total of the insurance contracts listed in Nos. 3 1, 3 through 6, 10, 11, and 13.

The insurance contracts maintained as of January 1 of each year among the insurance contracts listed in the Attachment 3 are 2 cases in 2007, 5 cases in 2008, and 10 cases in 2009 to 2017, respectively.

The amount paid by the Plaintiff to the Defendant is KRW 43,380,00, 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 115,421,110.

E. From 2007 to 2016, the Defendant reported wage and salary income of KRW 1,950,00 to the tax authority, except for those having reported wage and salary income of KRW 4,88,560 in 2013, and KRW 11,000,000 in 2016.

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