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(영문) 광주지방법원 2016.04.21 2014가합62086
보험계약무효확인 등
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant entered into an insurance contract with the Plaintiff as the insured, and entered into the insurance contract on November 13, 2008, and the insurance contract on November 14, 2008, listed in attached Form 2, respectively.

(hereinafter the above two insurance contracts are referred to as "each of the instant insurance contracts"

After entering into each of the instant insurance contracts, the Defendant received hospitalized treatment for 13 days at B Hospital from December 12, 2008 to December 24, 2008, for 476 days in total, from December 12, 2008 to June 30, 2014.

C. From Aug. 2008 to Nov. 2, 2008, the Defendant entered into an insurance contract with the insurance company with the insured as listed below, which is similar in its content and nature to each of the instant insurance contracts. Accordingly, the Defendant received insurance proceeds of KRW 67,304,893, including insurance proceeds of the insurance contract dated Nov. 13, 2008 (= KRW 40,654,261, Nov. 14, 2008) from the insurance company including insurance proceeds of KRW 26,650,532, Nov. 14, 2008.

(1) Each insurance contract of Samsung Life Insurance Co., Ltd. on September 1, 2006 and September 12, 2013, as of September 12, 2013, among the status of the Defendant’s insurance contract entered in the fourth page of the preparatory document of March 10, 2016, is insufficient to recognize that each of the insurance contracts is similar to each of the insurance contracts of this case, details of guarantee, and nature, and there is no other evidence to support otherwise. Each insurance contract of the AIG Damage Insurance Co., Ltd. on August 24, 2007 and September 29, 2007, respectively, was already terminated before the conclusion of the instant insurance contract, and thus excluded from the table below.

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