보험계약 무효확인등의 소
1. The insurance contract concluded between the plaintiff and the defendant is invalid.
2. The defendant shall be the plaintiff.
1. Indication of claim;
A. On December 31, 2004, the Defendant concluded a multiple insurance contract with multiple insurance companies, and entered into an insurance contract with the Plaintiff on December 31, 2004, with the purpose of obtaining insurance proceeds through repeated hospitalization for a long time by exaggerationing the degree of general disasters and diseases.
On July 30, 2007, the defendant changed the beneficiary from B to C at the time of death.
B. From December 9, 2006 to August 13, 2014, the Defendant began to be hospitalized on the ground of knee persium, etc., and received from the Plaintiff KRW 40,730,000 as insurance money to the Plaintiff, after having been hospitalized for a total of 817 days consecutively from August 13, 2014.
C. Therefore, the above insurance contract is null and void against the good morals and social order stipulated under Article 103 of the Civil Act. The defendant is obligated to pay to the plaintiff the amount of KRW 40,730,000 of the insurance proceeds unjustly charged to the plaintiff and the damages for delay calculated at the rate of 20% per annum from October 8, 2014 to the day of full payment, which is obviously the day following the delivery of the copy of the complaint of this case sought by the plaintiff after the date of final unjust enrichment.
2. Article 208 (3) 1 of the Civil Procedure Act and the main sentence of Article 257 (1) of the same Act of the same Act.