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(영문) 광주지방법원목포지원 2015.06.11 2015가합10900

부당이득반환등

Text

1. The insurance contract entered into between the Plaintiff and the Defendant A is invalid.

2. The plaintiff, defendant .

Reasons

1. Indication of claim;

A. On January 29, 2008, Defendant B concluded a multiple insurance contract with multiple insurance companies, and concluded an insurance contract with the Plaintiff on January 29, 2008, with the purpose of receiving insurance proceeds through repeated hospitalization for a long time by exaggerationing the degree of general disasters and diseases.

Attached Form

On March 19, 2009, the contractual parties of the written insurance contract were changed from Defendant B to Defendant C, and from December 20, 2010 to Defendant A, respectively, and the beneficiary was changed from Defendant B to Defendant A on June 28, 2012.

B. Defendant B was hospitalized on February 11, 2009 on the ground of cryp salt base, etc., and was repeatedly hospitalized for a total of 613 days until October 20, 2014, and was paid by the Plaintiff as insurance proceeds to Defendant A with KRW 25,826,436, and Defendant B with KRW 15,001,408, respectively.

C. Therefore, the above insurance contract is null and void in violation of good morals and social order stipulated in Article 103 of the Civil Act. Defendant A is obligated to pay damages for delay calculated at the rate of 20% per annum from April 8, 2015 to the date of delivery of a copy of the complaint of this case to the date of full payment, respectively, to the Plaintiff. Defendant A is obligated to pay damages for delay calculated at the rate of 20% per annum as stipulated in the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from April 8, 2015 to the date of full payment.

2. Article 208 (3) 1 of the Civil Procedure Act and the main sentence of Article 257 (1) of the same Act of the same Act.