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(영문) 광주지방법원순천지원 2016.10.19 2015가단78035

부당이득금 등

Text

1. The plaintiff's claim is dismissed.

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

Reasons

On June 10, 2009, the Plaintiff entered into the instant insurance contract with the Defendant and, as shown in the attached Table [Attachment 1], paid KRW 6,310,515 to the Defendant for totaling KRW 127 days after hospitalized treatment from January 14, 201 to November 6, 2014. The Defendant entered into an insurance contract for the purpose of unjust acquisition of insurance money through multiple insurance contracts. The Plaintiff asserted that the insurance contract was null and void against good morals and other social order under Article 103 of the Civil Act, and sought the return of unjust enrichment equivalent to the insurance money paid together with the confirmation of invalidity.

According to each insurance company's reply to financial transaction information, it is recognized that the defendant concluded an insurance contract with the insurance company including the plaintiff as shown in the attached Table 2, and that the insurance proceeds received from the above insurance company were 28,445,893. However, it is difficult to view that the defendant concluded the insurance contract of this case for the purpose of unfairly acquiring the insurance proceeds from the initial point of view, and there is no other evidence to acknowledge it otherwise.

Therefore, the plaintiff's claim is dismissed for lack of reason.

참조조문