보험계약무효확인 및 보험금반환
1.The judgment of the first instance shall be modified as follows:
Attached Table 1 concluded between the Plaintiff and the Defendant.
1. Basic facts
A. On January 11, 2006, the Defendant concluded a consortiums insurance contract with the Plaintiff, a company running non-life insurance business, such as a comprehensive automobile insurance, as indicated in the attached Table 1 list (hereinafter “instant insurance contract”).
B. From March 3, 2006 to July 5, 2006, the Defendant claimed insurance money for reasons of injury, disease, etc. 34 times in total as shown in the separate sheet No. 2 from around that time to July 25, 2012, and received insurance money totaling 84,274,344 won from the Plaintiff.
2. Determination as to the cause of action
A. The Plaintiff’s assertion that the insurance contract of this case was concluded with the purpose of illegally acquiring insurance money through the conclusion of multiple insurance contracts including this, and constitutes a juristic act contrary to good morals and social order as stipulated in Article 103 of the Civil Act.
Therefore, the confirmation of invalidity and the return of the insurance money already paid to 84,274,344 is sought.
B. Where a policyholder concludes an insurance contract for the purpose of unfairly acquiring insurance proceeds through a large number of insurance contracts, the payment of insurance proceeds pursuant to the insurance contract concluded for such purpose would be in deviation from social reasonableness by encouraging speculative spirit to gain unjust profits by abusing the insurance contract, and it would prejudice the purpose of the insurance system, such as reasonable diversification of risks, destroying the contingentness of risks, and causing the sacrifice of the large number of subscribers, thereby impairing the foundation of the insurance system. Thus, such insurance contract is null and void against good morals and other social order under Article 103 of the Civil Act.
In addition, there is no evidence to directly recognize the conclusion of multiple insurance contracts for the purpose of improper acquisition of insurance proceeds.