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(영문) 부산지방법원 2014.10.29 2014가합42113

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 November 12, 2007 and November 13, 2007, the Defendant concluded each insurance contract with the Green Damage Insurance Co., Ltd. as stated in the separate sheet (hereinafter “each insurance contract of this case”).

B. From March 14, 2008 to February 12, 2013 after the conclusion of each of the instant insurance contracts, the Defendant was hospitalized for 250 days through 17 days, such as waste crypump, crypitis, image, crypitis, engine salt, and crypium, etc., and received KRW 50,201,320 in total from the Plaintiff.

C. Meanwhile, the Plaintiff was transferred the status under the insurance contract of the Green Loss Insurance Company according to the Financial Services Commission’s decision for contract transfer.

(hereinafter referred to as "Plaintiff"). 【No dispute exists as a ground for recognition, entry in Gap evidence Nos. 1 through 5 (including numbers), and the purport of the whole pleadings.

2. Determination on the cause of the claim

A. The Plaintiff’s assertion (1) Since each of the instant insurance contracts was concluded with multiple insurance companies for the purpose of unfairly acquiring insurance proceeds by making long-term hospitalization, even though the Defendant did not need to enter into multiple insurance contracts, it constitutes a juristic act contrary to good morals and other social order under Article 103 of the Civil Act.

(2) Therefore, the Plaintiff and the Defendant confirm that each of the instant insurance contracts entered into between the Plaintiff and the Defendant is null and void, and the Defendant is obligated to pay to the Plaintiff the total sum of the insurance proceeds paid under each of the instant insurance contracts and delay damages.

B. (1) Determination (1) Where a policyholder concludes an insurance contract with a view to unjust acquisition of insurance proceeds through multiple insurance contracts, the purpose of the insurance system, which is not only the promotion of speculative spirit to gain unjust benefits by abusing the insurance contract, but also the reasonable diversification of risks, is to induce the payment of insurance proceeds under an insurance contract.

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