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(영문) 인천지방법원 2017.06.20 2017가합50040
계약무효확인 등 청구의 소
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 April 28, 2008, the Plaintiff entered into an insurance contract (hereinafter “instant insurance contract”) with the Defendant as shown in the separate sheet with which the insured person is the Defendant himself/herself (hereinafter “instant insurance contract”).

B. The main content of the instant insurance contract is to pay 50,000 won long-term hospitalization benefits (at least 61 days, at least 91 days, at least 91 days, and at least 121 days, additional payment according to the transitional period) according to the number of days of hospitalization at the time of hospitalized treatment for at least 31 days, per day when hospitalized due to an ordinary injury or disease.

C. After concluding the instant insurance contract, the Defendant was hospitalized for 22 days on June 4, 2008 on the grounds of the 25th day of the 2015 following the conclusion of the instant insurance contract, and was hospitalized on a total of 28 days until February 25, 2015, and filed a claim for insurance proceeds of injury, daily allowances for hospitalization of disease, daily allowances for hospitalization of disease, and long-term hospitalization allowances, and received insurance proceeds from the Plaintiff.

On the other hand, the insurance contracts that the defendant concluded with the insurance company including the plaintiff and the defendant as the insured before and after the conclusion of the insurance contract of this case, and the insurance premiums, daily allowances for hospitalization, and the details of the insurance money paid accordingly are as follows:

On Aug. 29, 2006, the Plaintiff concluded a modern marine insurance contract and “undividendd Down Uniform Insurance Policy” (10,000 won each per day of injury and disease), and asserted that the above insurance contract has expired by prescription at a time when it is unknown. However, there is no evidence to prove that the above insurance contract was concluded and maintained normally at the time of the conclusion of the instant insurance contract, and therefore, the above insurance contract is excluded from the insurance contract that the Defendant concluded before and after the conclusion of the instant insurance contract.

1. Injury or disease of the state of contract to be paid monthly insurance premiums, daily allowances for hospitalization, etc. on the date of a contract for the name of insurance company in the sequence of the table of insurance contracts.

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