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(영문) 전주지방법원 군산지원 2018.10.11 2017가합12495
보험에관한 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 January 24, 2008, the Plaintiff entered into the instant insurance contract with the Defendant and entered into an insurance contract with the Defendant as the insured as indicated in the attached Table “Indication of the instant insurance contract” (hereinafter “instant insurance contract”).

B. The Defendant, following the conclusion of the instant insurance contract, was hospitalized for 564 days in total, as indicated in the “current Status of Payment of Insurance Money” following the conclusion of the instant insurance contract, due to spine certificates, knee-snee-snee-se-se-se-se-se-se-se-se-se-se-se-se-se-se-se-se-se-se-se-se-se-se

C. The Defendant’s conclusion of various insurance contracts and the insurance contracts that the Defendant received from around 2007 included as the content of the insurance contracts whose coverage and nature are similar to those of the instant insurance contracts, or as the content of the patient’s daily allowance for hospitalization.

The contents of each insurance company are as shown in the separate sheet of total insurance contracts. Accordingly, the insurance proceeds that the Defendant received from each insurance company are KRW 65,845,783 in total as stated in the separate sheet of receipt of insurance proceeds.

The Defendant’s income reported the amount of KRW 18,923,796, KRW 24,143,974, KRW 33,783,00 in 209, KRW 29,00 in 2010, KRW 8,585,00 in 2011, KRW 13,716,666 in 201, KRW 352,00 in 203,00, and KRW 875 in 2016, respectively, as business income or earned income.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 4 (if there is an additional number, including a branch number; hereinafter the same shall apply) and the purport of whole pleadings

2. The plaintiff's assertion

A. The Defendant, which is the primary cause of claim, concluded a multiple insurance contract, and concluded the instant insurance contract for the purpose of unfairly acquiring insurance money after undergoing excessive surgery and hospitalized treatment. Thus, the instant insurance contract is contrary to good morals and other social order stipulated in Article 103 of the Civil Act.

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