보험에관한 소송
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
A. On February 26, 2010, the Plaintiff entered into an insurance contract with the Defendant with the same content as the attached Table 1 (hereinafter “instant insurance contract”) as the insurer operating an insurance business, such as non-life insurance.
On March 26, 2013, the Defendant changed the contractor and the beneficiary of the instant insurance contract to B, who is a child.
B. As indicated in the attached Table 2, the Defendant received hospital treatment for 934 days at a total of 53 times from January 28, 2011 to June 23, 2014, which was after the conclusion of the instant insurance contract (hereinafter “instant insurance accident”), as indicated in the attached Table 2, and the Plaintiff paid the Defendant and B totaling KRW 61,045,562 to the Defendant and B as insurance proceeds arising from the instant insurance accident.
[Grounds for Recognition] Unsatisfy, entry of Gap evidence 1 through 6 (including the number of each branch), argument and judgment of the whole pleadings
A. In light of the Plaintiff’s assertion that the Defendant entered into the instant insurance contract for the purpose of unfairly acquiring insurance proceeds through multiple insurance contracts, and the Defendant’s financial standing, the instant insurance contract is null and void in violation of good morals and other social order under Article 103 of the Civil Act. According to the Plaintiff’s entry of the insurance proceeds received by the Defendant or B, the amount paid by the Plaintiff to the Defendant and B is KRW 61,045,562, but the Plaintiff claimed payment of KRW 31,405,083, and KRW 27,918,281 to the Defendant, and KRW 59,323,364 to the Defendant, asserting that the Plaintiff paid KRW 31,405,562 to the Defendant and B.
corporation is obligated to return the corporation's unjust enrichment.
B. In the event that a policyholder concludes an insurance contract with a view to unlawfully acquiring insurance proceeds through multiple insurance contracts, the payment of insurance proceeds under the insurance contract concluded for this purpose is promoted by abusing the insurance contract to obtain unjust benefits.