보험에관한 소송
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.
1. Facts of recognition;
A. The Plaintiff is a company running an insurance business, such as life insurance, disease insurance, and accident insurance.
B. On June 9, 2006, the Defendant concluded an insurance contract with the Plaintiff as the policyholder and the insured respectively as the Defendant (hereinafter “instant insurance contract”).
Under the terms and conditions of the instant insurance contract, where the insured is hospitalized into three major diseases, 90,000 won per day, 60,000 won per day if he/she is hospitalized into six major adult diseases, and 30,000 won per day if he/she is hospitalized into ten major living diseases.
C. From March 5, 2007 to January 9, 2013 after the conclusion of the instant insurance contract, the Defendant was hospitalized twice through 29 times in total for 642 days, and was charged with insurance money of KRW 44,676,388 from the Plaintiff based on the instant insurance contract.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 and 5 evidence (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. At the time of entering into the instant insurance contract, the Defendant, other than the Plaintiff, did not notify the Plaintiff of the fact that it had already concluded the instant insurance contract with several insurance companies similar to the instant insurance contract, and did not notify the Defendant’s past medical history, and entered into the instant insurance contract even when it paid excessive insurance premiums compared to the Defendant’s income level. The Defendant received the insurance money unfairly after undergoing long-term hospitalized treatment for an excessive period
Therefore, it is confirmed that the insurance contract of this case was concluded by the defendant for the purpose of unfairly acquiring the insurance money, and it constitutes a juristic act contrary to good morals and social order under Article 103 of the Civil Act, and thus, is null and void. The defendant's total insurance money paid to the plaintiff according to the insurance contract of this case and its amount.