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(영문) 청주지방법원 2017.08.25 2014나11841
계약무효확인 등
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are as follows, except for the judgment on the matters additionally asserted by the plaintiff in the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The height of the judgment of the court of first instance shall be as follows from Nos. 4 to 7.

A. In light of the above evidence and the purport of the entire argument, it is difficult to readily conclude that the Defendant has no occupation or revenue, in full view of whether the Defendant concluded the instant insurance contract for the purpose of pretending the insurance accident or acquiring the insurance proceeds unlawfully by exaggerationing the degree of the insurance accident, and the overall purport of the arguments, and it is difficult to view the insurance that the Defendant subscribed to the Defendant as the insured as the amount of monthly payment of KRW 278,904 as indicated in the attached Table 3. The seven insurance contracts cannot be deemed as having been concluded between October 18, 2005 and March 31, 2008, and cannot be deemed as having been concentrated in a short period. At the time of entering into the instant insurance contract, the Defendant merely purchased two insurance policies, including the content of the daily admission for admission for the seven insurance contracts, but including the driver insurance and the insurance under the name of cancer insurance. Thus, it is insufficient to acknowledge the Plaintiff’s assertion even if comprehensive evidence submitted by the Plaintiff.

Therefore, this part of the plaintiff's assertion is without merit.

B. Next, if the Defendant was intentionally hospitalized for the purpose of receiving hospitalization costs and daily allowances despite the need to be hospitalized, it is merely a presumption that the result of the Defendant’s entrustment of the examination of medical records to the Korean Medical Association is merely an exaggeration about the Defendant’s hospitalization, and it is difficult to recognize the Plaintiff’s assertion even if the Plaintiff did not appear in other evidence submitted by the Plaintiff.

Therefore, the plaintiff's assertion on this part is without merit.

3. The plaintiff added the added part.

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