보험에관한 소송
1. It is confirmed that each insurance contract entered in the separate sheet No. 1 List concluded between the Plaintiff and the Defendant is null and void.
2. The defendant.
1. Basic facts
A. The Plaintiff and the Defendant concluded an insurance contract with the same content as the attached list 1 (hereinafter “instant insurance contract”).
B. Meanwhile, the details of the insurance contract that the Defendant concluded with the Defendant as the contractor and the insured before and after the conclusion of the instant insurance contract are as listed below. Of them, Nos. 5 and 6 are the instant insurance contract.
A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A.
C. After entering into the instant insurance contract, the Defendant was hospitalized for about 572 days in total from October 4, 2006 to April 20, 2017, as shown in the attached Table 2, from May 14, 2010 to May 29, 2010, such as being hospitalized in approximately 16 days with an unknown knee-se-se-se-se-se-se-s-s-s-s-s-s-s-s-s-s-s-s-s-s-s-s-s-s-s-s-s-s-s-s-s
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 6, 9 (including branch numbers if there are branch numbers; hereinafter the same shall apply) and the purport of whole pleadings
2. Summary of the parties' arguments
A. The Defendant did not conclude the instant insurance contract for the purpose of coping with the risk to life, body, etc., but concluded the instant insurance contract for the purpose of fraudulently acquiring insurance proceeds by pretending the insurance accident or by exaggerationing the degree of the insurance accident.
Therefore, the instant insurance contract is null and void against good morals and other social order. The Defendant is obligated to return the amount equivalent to the insurance money received based on the instant insurance contract to the Plaintiff as unjust enrichment.
B. The defendant did not enter into the insurance contract of this case for the purpose of illegally acquiring insurance proceeds, and received the insurance proceeds after receiving medical treatment for the purpose of medical treatment.
3. Determination on the claim to nullify the invalidity of the insurance contract
(a)in the case of entering into an insurance contract with a view to unjust acquisition of insurance proceeds through multiple insurance contracts, this shall apply;