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(영문) 전주지방법원 2016.08.26 2013가합5274
보험계약 무효 확인 등
Text

1. Of the instant lawsuit, the part of the Plaintiff’s claim for nullification of each insurance contract indicated in the separate sheet No. 1.

Reasons

In fact, on January 5, 2005, the Plaintiff entered into an insurance contract with Defendant A with the insured and beneficiary as the Defendant A (hereinafter “instant insurance contract”). The insured and beneficiary as the Defendant B, which are the spouse of Defendant A, respectively, entered into an insurance contract listed in Annex A No. 2 of Annex A (hereinafter “instant insurance contract”).

The Defendant A filed a claim for the payment of the Plaintiff’s insurance proceeds and the additional insurance proceeds of Defendant A, from February 4, 2005 to March 4, 2005, was hospitalized at C Hospital for 29 days with mixed-fluoral blood transfusion, light catitis, and was hospitalized at C Hospital for 29 days at that time, and was hospitalized for 1,430 days in total from that time to December 3, 2012 as shown in attached Table 2. A, as shown in attached Table 2.1. The Plaintiff received insurance proceeds of KRW 107,972,607 in total in accordance with the instant first insurance contract.

In addition, Defendant A filed a claim against the Plaintiff for payment of KRW 12,480,304 of the insurance money under the instant insurance contract on the ground that he/she received hospitalized treatment for 145 days in the D convalescent hospital, as shown in attached Table 2. B.

In addition, Defendant B was hospitalized for 33 days at C Hospital from January 11, 2005 to February 12, 2005, as shown in attached Table 3 from around that time to June 27, 2013, Defendant B received hospitalization or outpatient treatment for 869 days (2 days from the date of hospitalization to 867 days) in total, as shown in attached Table 3. The Plaintiff received insurance proceeds of KRW 59,271,630 in total in accordance with the instant second insurance contract.

The current status of the defendants' subscription to insurance contracts and the amount of insurance proceeds received, from 2004 to 2005, respectively, concluded by the defendants as the contractor and the insured (limited to insurance contracts whose coverage is similar to each of the insurance contracts in this case), and the insurance proceeds and the timing of payment received under each insurance contract are as follows 1:

2.Each.

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