보험에관한 소송
1. It is confirmed that an insurance contract entered in the Appendix 1 List concluded between the Plaintiff and the Defendant is null and void.
2. The defendant.
1. Basic facts
A. 1) On August 11, 2005, the Plaintiff entered into the instant insurance contract with the Defendant as the insured on August 11, 2005, and entered the attached Table 1 (hereinafter “instant insurance contract”).
(2) The Defendant entered into a total of 32 insurance contracts (hereinafter “each of the instant insurance contracts”) between December 2, 1998 and December 6, 2013 with insurance companies including Samsung Life Co., Ltd. (hereinafter “Tsung Life Co., Ltd.” and all of the remaining insurance companies indicated as its abbreviation, as indicated in attached Table 2 List 1, including the instant insurance contracts.
B. The Defendant’s hospitalization treatment and the Plaintiff’s payment of insurance money, as indicated in the attached Table 2 List 2, was hospitalized in the hospital from January 2006 to April 2014, and received KRW 20,885,322 in total from the Plaintiff according to the instant insurance contract after being hospitalized in the hospital from January 206 to April 2014.
[Ground of recognition] without any dispute, Gap evidence Nos. 1, 2, 3 (including paper numbers; hereinafter the same shall apply), 4, 5, 7, and 8, and the result of the submission of an order to and the purport of all pleadings and arguments against Samsung Bio-resources, interesting country life, post offices, Linna Bio-resources of this Court, Hyundai DB Bio-resources, Hyundai DB Bio-resources, KDB Fire, interesting country fire, community credit cooperatives, ACE life insurance, agricultural cooperative life insurance, and school life insurance
2. Determination on the claim to nullify the invalidity of the insurance contract of this case
A. The Plaintiff’s assertion that the instant insurance contract was concluded by the Defendant for the purpose of unfairly receiving insurance money through multiple insurance contracts, and is null and void against good morals and other social order under Article 103 of the Civil Act.
B. In the event that a policyholder entered into an insurance contract with a view to unfairly acquiring insurance proceeds through multiple insurance contracts, the payment of insurance proceeds pursuant to the insurance contract concluded for this purpose is promoted by abusing the insurance contract to obtain unjust benefits.