보험계약무효확인 등
1. The request is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On September 5, 2006, Defendant B entered into an insurance contract with himself/herself as an insured person holding concurrent office as an insured person (hereinafter “instant insurance contract”) and changed the policyholder and the beneficiary into Defendant A on April 18, 2007, and the fact that the Plaintiff filed the instant lawsuit after the insurance premium payment period has expired may be recognized by taking into account the parties’ dispute or the overall purport of the pleadings.
2. The plaintiff's primary assertion and judgment
A. In light of Defendant B’s property status or the background and scale of concluding multiple insurance contracts, Defendant B’s purchase of insurance money was concluded for the purpose of unfairly acquiring insurance money, not for the purpose of against the risk to life and body, etc., and thus, the instant insurance contract is null and void against good morals and other social order. The Defendants asserted to the effect that the insurance money already received should be returned as unjust enrichment.
B. According to the Plaintiff’s assertion, the main purpose of the insurance is to prepare for an economic risk when exposed to an unexpected risk.
However, the degree of fear of danger is different for each person.
A person with a high anxiety who wants to purchase a lot of insurance by causing danger to life and body, and a person who fails to feel uneasy shall not feel the need to purchase an insurance policy.
Therefore, the risk rate, insurance premium and insurance payment standards are set on the basis of the members of the risk organization that people with a high anxiety.
Therefore, the legitimacy of the insurance contract can not be assessed on the basis of a person with low anxiety.
Moreover, in the modern society where the society is developing and the risk occurrence area increases, and the contents of coverage are diverse insurance products, insurance contracts are often concluded without considering the contents of coverage.