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(영문) 창원지방법원 2019.11.14 2017가합51115

보험에관한 소송

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On October 25, 2007, Defendant B entered into an insurance contract between Defendant B and D, as indicated in attached Table 1, which covers expenses for hospitalization of disease, etc. (hereinafter “instant insurance contract”). The Plaintiff succeeded to the status of the insurer of the instant insurance contract on May 3, 2013.

(hereinafter referred to as the "Plaintiff" without distinguishing D from the plaintiff. (B)

From August 19, 2008 to December 5, 2016, Defendant C received hospitalized treatment for 819 days in total on 48 occasions, and received KRW 3,3620,00 from the Plaintiff according to the insurance contract of this case. The details are as shown in attached Table 2.

[Ground for recognition of facts] Unsatisfy, each entry from Gap evidence 1 to 3 (including numbers, if any; hereinafter the same shall apply), the result of this court's order to provide financial transaction information to F, the purport of the entire pleadings

2. The Plaintiff’s assertion that the instant insurance contract was concluded for the purpose of unfairly acquiring insurance proceeds through multiple insurance contracts, and thus, is null and void in violation of good morals and other social order, or the Defendant C’s unnecessary hospitalization is repeated and unlawfully acquiring insurance proceeds, and thus, the Plaintiff terminated the instant insurance contract with the delivery of a duplicate of the complaint.

Therefore, seeking confirmation of invalidity or termination of the instant insurance contract, and Defendant C received total of KRW 3,362,00 based on the instant insurance contract by means of unnecessary hospitalization, and thus, is obligated to return the insurance proceeds received without any legal ground to the Plaintiff as unjust enrichment.

3. Determination

A. In the event that one policyholder concludes an insurance contract with a view to unfairly acquiring insurance proceeds through multiple insurance contracts, the insurance contract is concluded to require the payment of insurance proceeds according to the insurance contract concluded for such purpose.