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(영문) 수원지방법원안산지원 2019.05.31 2017가단61358

부당이득금

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 March 31, 2008, the Plaintiff concluded an insurance contract with the Defendant listed in the separate sheet No. 1 (hereinafter “instant insurance contract”).

B. From December 21, 200 to September 3, 2013, the insurance contracts of this case concluded by the Defendant as the insured by himself/herself or his/her children and excluded cancer insurance and pension insurance, the content and nature of which cannot be deemed similar.

The details shall be as shown in the attached list 2.

C. As indicated in the separate sheet No. 3, the Defendant was hospitalized in a hospital for a total of 286 days from August 5, 2010 to September 7, 2015, and received additional treatment from the Plaintiff, and received insurance proceeds totaling KRW 40,091,126 according to the instant insurance contract.

[Reasons for Recognition] Facts without dispute, Gap 1 through 3, 7 through 24 (including each number), the purport of the whole pleadings

2. Judgment as to the main claim

A. The plaintiff's assertion entered into a multiple insurance contract with another insurance company whose coverage is similar to that of the insurance contract of this case, and paid excessive insurance premiums compared to that of the insurance company. After that, in light of the defendant's symptoms and diagnosis, the defendant was excessively hospitalized and received a large amount of insurance money from many insurance companies including the plaintiff.

In light of these circumstances, the instant insurance contract was concluded by the Defendant for the purpose of unfairly acquiring insurance money through multiple insurance contracts, and thus is null and void in violation of good morals and social order stipulated in Article 103 of the Civil Act.

Therefore, the defendant is obligated to return the insurance proceeds received from the plaintiff to the plaintiff.

(b) Where a policyholder entered into an insurance contract with a view to wrongfully acquiring insurance proceeds through a large number of insurance contracts, it is intended to gain unjust benefits by abusing the insurance contract.

참조조문