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(영문) 수원지방법원성남지원 2016.05.17 2014가단215962
보험에관한 소송
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. On March 23, 2010, the Defendant concluded the instant insurance contract with the Plaintiff, which contains the content that guarantees daily allowances for injury or disease hospitalization as the insured.

B. On November 26, 2010 after the conclusion of the instant insurance contract, the Defendant continued hospitalized treatment since 16 times until February 4, 2014, as indicated in attached Table 2 “the details of the instant medical treatment,” starting to receive hospitalized treatment from the oriental medical hospital B due to salt, tension, etc. of the bones, etc.

In the past, 322 days were hospitalized.

C. The Defendant received KRW 16,310,000 in total as insurance money under the instant insurance contract on the grounds of such hospitalization from the Plaintiff.

Since the Defendant entered into an insurance contract with Samsung Life Insurance Co., Ltd. on May 12, 2000 with the Defendant as the insured, it still maintains 20 insurance contracts as shown in [Attachment 3].

E. The Defendant reported the income earned by a construction company from 2010 to 2013, but there was no reported income from 2014.

[Based on recognition] Gap evidence Nos. 1 through 5 (including paper numbers; hereinafter the same shall apply), Eul evidence Nos. 1 through 3; the purport of this Court's Korean Commercial Life Insurance Co., Ltd., Matz and Marine Insurance Co., Ltd., NAG Damage Insurance Co., Ltd., Samsung Life Insurance Co., Ltd., Samsung Life Insurance Co., Ltd., interesting fire insurance Co., Ltd., ING Life Insurance Co., Ltd., KB Damage Insurance Co., Ltd., KB Damage Insurance Co., Ltd., Ltd

2. The Plaintiff asserted that the Defendant concluded multiple insurance contracts with multiple insurance companies on behalf of the Defendant as the insured within a short period of time following the conclusion of the instant insurance contract, and received large-amount of insurance proceeds for reasons of the occurrence of excessive hospitalized treatment after concluding the insurance contract.

Therefore, the insurance contract of this case is denied.

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