보험계약무효확인 등의 소
1. It is confirmed that an insurance contract entered into between the Plaintiff and Defendant B is null and void.
2. The plaintiff, defendant .
1. Indication of claim;
A. On June 8, 2004, Defendant A concluded a multiple insurance contract with multiple insurance companies, and concluded the instant insurance contract with the Plaintiff as the beneficiary of the insured and the deceased non-life insurance contract (hereinafter “instant insurance contract”) with the intent to unlawfully acquire insurance proceeds through repeated hospitalization for a long time in exaggeration of the degree of disaster and disease. On January 13, 2011, Defendant A changed the policyholder of the instant insurance contract and the beneficiary of non-life insurance proceeds to Defendant B, who is a type of insurance.
B. Defendant A was hospitalized for 14 days from January 19, 2005 to February 1, 2005 by 55 days in total, as shown in the attached Table 2, including that was hospitalized at C’s clinic on the ground of alcohol disease, and was hospitalized at C’s clinic by July 24, 2014.
C. Under the insurance contract of this case, Defendant A received KRW 59,976,342 from the Plaintiff as insurance money for each hospitalization listed in the No. 1 through No. 37 of Attached Table 2 during each of the above hospitalization treatment, and Defendant B received KRW 24,397,544 from the Plaintiff as insurance money for each hospitalization listed in the Attached Table 2 No. 38 through 55 during each of the above hospitalization treatment according to the insurance contract of this case.
Therefore, the instant insurance contract is null and void in breach of good morals and other social order stipulated under Article 103 of the Civil Act. Since the insurance proceeds received by the Defendants respectively from the Plaintiff pursuant to the instant insurance contract are unjust enrichment without any legal ground, Defendant A is deemed to be unjust enrichment; Defendant A shall be deemed to have been granted KRW 59,976,342; Defendant B shall be deemed to have been granted KRW 24,397,544 on October 21, 2015; Defendant B shall be deemed to have served on the day following the delivery of the duplicate of the claim and the cause of the claim to him/her; and Defendant B shall be deemed to have served on the day following the delivery of the duplicate of the claim and the cause of the claim to him/her on October 21, 2015, from October 27, 2015 to the day of full payment.