보험계약 무효 확인 등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff is a company running an insurance business, such as life insurance, disease insurance, and accident insurance.
On June 5, 2001, the Defendant concluded each of the insurance contracts listed in [Attachment 1] Paragraph (1) of [Attachment 1], and the insurance contracts listed in Attached Table 1 Paragraph (2) of [Attachment 1] on November 5, 2004 (hereinafter “instant 2 insurance contracts”) with the Plaintiff, respectively.
B. In addition to the conclusion of each of the instant insurance contracts with the Plaintiff, the Defendant concluded each of the instant insurance contracts with the other insurance companies listed in attached Table 2, from around 1998 to around 2010.
C. From around 2003 to 2013, the Defendant was hospitalized in a medical institution and received treatment as shown in the attached Table 3’s “the details of hospitalization.”
The Defendant received KRW 40,280,760,00 from the Plaintiff on the ground that the Defendant was hospitalized for 32 days in total from January 16, 2006 to January 4, 2013, in total for 665 days, for totaling KRW 36,97,138 under the insurance contract of this case and KRW 36,97,138 under the insurance contract of this case 2.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 20, 22, and 24 (including each number), the purport of the whole pleadings
2. The assertion and judgment
A. The summary of the Plaintiff’s assertion (1) The Defendant concluded each of the instant insurance contracts for the purpose of unjust acquisition of insurance proceeds even though it entered into multiple insurance contracts related to injury, disease, and hospitalization at the time of entering into each of the instant insurance contracts. This is invalid as a contract contrary to good morals and social order under Article 103 of the Civil Act.
Therefore, the defendant is obligated to return the insurance money paid to the plaintiff as unjust enrichment.
(2) Even if each of the instant insurance contracts is not invalid, the Defendant, as a preliminary measure, shall be hospitalized even if hospitalized treatment is unnecessary, and such circumstances shall be considered.