보험에관한 소송
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. After concluding an insurance contract on June 23, 2009 with the Plaintiff listed in the separate sheet (hereinafter “instant insurance contract”), the Defendant claimed for the insurance money based on the instant insurance contract between July 5, 2010 to June 13, 2014, the Defendant received hospital treatment for 31 days under the name of bottled 435 days under the name of the following: (a) hume dye base, congratal frye, hume frye, spinal frye, verteblie, verteblithal fry, hume, hume, etc.; and (b) hume kneoe, etc.
Accordingly, the Plaintiff paid the Defendant the sum totaling KRW 25,697,964.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap 1 through 20 evidence (including additional number; hereinafter the same shall apply) and the purport of whole pleadings
2. Summary of the parties' arguments
A. The Defendant asserted that the Plaintiff 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 insurance contract of this case shall be deemed null and void in violation of good morals and other social order under Article 103 of the Civil Act. The defendant has a duty to return the insurance proceeds received as the basis of the insurance contract of this case null and void during that period and damages for delay thereof to the plaintiff as unjust enrichment.
B. The defendant's assertion does not conclude the insurance contract of this case for the purpose of illegally acquiring insurance proceeds, but is at the level that the defendant can sufficiently cope with the monthly insurance premium.
3. Determination as to the invalidity of the instant insurance contract
A. Where a policyholder of the relevant legal doctrine concludes an insurance contract with a view to unfairly acquiring insurance proceeds through multiple insurance contracts, the insurance contract concluded for this purpose.