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. On December 24, 2008, the Green Damage Insurance Co., Ltd. (hereinafter “Green Damage Insurance”) concluded an insurance contract with the Defendant as the insured on the attached Table 1 (hereinafter “instant insurance contract”).
On May 3, 2013, the Plaintiff received the transfer of the instant insurance contract and the contractual status related thereto from the Green Damage Insurance upon a decision to transfer contract from the Financial Services Commission.
(hereinafter referred to as the “Plaintiff”). B. Green damage insurance and the Plaintiff
As indicated in the attached Table 2, the Defendant received hospitalized treatment for 6 days from January 10, 2009 to January 15, 2009, as well as for 31,910,000 won in total for 488 days on the ground that she was hospitalized treatment at B Hospital due to brain-dead conditions from January 10, 209 to June 23, 2016. The Plaintiff paid 31,910,000 won in total to the Defendant according to the insurance contract of this case.
C. From February 16, 2002 to September 8, 2016, the Defendant concluded a total of 15 insurance contracts with multiple insurance companies including the Plaintiff as the insured. The details are as shown in the attached Table 3.
[Ground of recognition] In the absence of dispute, Gap evidence Nos. 1 through 5, and 7 (if there are virtual numbers, including each number; hereinafter the same shall apply), the Korean Credit Information Institute, Interesting and Fire and Marine Insurance Co., Ltd. (hereinafter the "Co., Ltd."), NH agricultural life insurance, andING life insurance, the whole purport of the arguments as a result of the response to each order to submit financial transaction information,
2. The parties' assertion
A. In the first place of the Plaintiff’s assertion, the Defendant concluded the instant insurance contract with a view to repeating long-term hospitalized treatment through multiple insurance contracts for the purpose of unfairly acquiring insurance proceeds from the insurance companies, including the Plaintiff, and thus, the instant insurance contract is null and void in accordance with Article 103 of the Civil Act.
The defendant 31.3 billion won of insurance money from the plaintiff according to the insurance contract of this case null and void.