보험에관한 소송
1. The part against Defendant A in the judgment of the court of first instance shall be revoked, and the part thereof shall be dismissed;
2. Defendant B’s appeal
1. Facts of recognition;
A. The status of the parties is a corporation established for the purpose of running insurance business, etc., and the defendant A is a person operating the heavy equipment company as the punishment of the defendant B.
B. On April 30, 2008, Defendant A entered into the instant insurance contract with the Plaintiff as the insured and beneficiary and entered into an insurance contract with the same content as attached Table 1 (hereinafter “instant insurance contract”).
After September 24, 2008, the instant insurance contract was changed to Defendant B by the contractor and the beneficiary.
From May 13, 2008 to May 26, 2008, Defendant A received hospital treatment for 14 days due to the damage to the shoulder and the franchising of the parts above and the franchising, and the franchising of power lines, as shown in attached Table 2, from that time until June 24, 2013 (the above period is 1,869 days in total), as shown in attached Table 2, Defendant A received hospital treatment in total 66 times and 865 days in total due to disease and injury caused by disease and injury, such as urcium, local urine, fladrosis, spine, bron, spathrosis, liver, liver, high blood pressure, and engine chron.
Defendant B received insurance money of KRW 52,021,613 from the Plaintiff regarding the above hospitalized treatment.
(Insurance money related to hospitalized treatment before changing the name of the contractor, etc. was received by Defendant B). [Grounds for recognition] The fact that there is no dispute, Gap evidence Nos. 1, 2, 3, and 5, Eul evidence No. 5-1, and the purport of the whole pleadings.
2. The parties' assertion
A. Defendant A concluded an insurance contract with the intent to illegally acquire the insurance money through the instant insurance contract. As such, the instant insurance contract is null and void in breach of good customs and other social order, and Defendant B succeeded to the status of the contractor of the invalid insurance contract.
Therefore, the plaintiff seeks confirmation of its invalidity to the defendants, and the defendant B received the total insurance money from the plaintiff under the insurance contract of this case as well as KRW 52,021,613.