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(영문) 수원지방법원안산지원 2016.12.08 2015가단110775

부당이득금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On July 10, 2009, the Defendant concluded an insurance contract with the content that subscribed to the Plaintiff’s insurance products 0906 (securities number : B) (hereinafter “instant insurance contract”) as the insured.

The instant insurance contract is a product that guarantees the payment of KRW 30,00 per day of injury and disease, including expenses for long-term injury and disease hospitalization, 7 and 16 patient hospitalization, and cancer per day of hospitalization.

B. From November 1, 2009 to June 23, 2014, the Defendant received hospitalized treatment for a total of 468 days under the same name as indicated in the following table. Accordingly, the Defendant received insurance proceeds of KRW 71,019,556 from the Plaintiff.

C E CF G F F F H H H HD

C. Meanwhile, between July 10, 2009 and August 25, 2011, the Defendant concluded a total of eight insurance contracts (except for insurance contracts with Samsung Life Insurance, as listed in the following table No. 27 of the year terminated on October 27, 2010) as listed in the following table, including the instant insurance contract, and the aggregate of monthly insurance premiums under each insurance contract is KRW 531,274.

B A A A A A A A A A A A A A A A JJ K L P P P 【Grounds for Recognition】 Each entry in the evidence Nos. 1 through 13, and reply of each agency to this court's financial transaction information order and investigation.

2. The plaintiff's assertion that the defendant concluded the insurance contract of this case for the purpose of unjust acquisition of insurance money through multiple insurance contracts. The insurance contract of this case is null and void in violation of good morals and social order under Article 103 of the Civil Act.

Therefore, the defendant is obligated to pay to the plaintiff total amount of KRW 71,019,556 of insurance money that the defendant received from the plaintiff and delay damages.

3. Determination

A. In the event that a policyholder entered into an insurance contract with a view to unlawfully acquiring insurance proceeds through multiple insurance contracts, the payment of insurance proceeds under the insurance contract concluded for this purpose is unlawful by abusing the insurance contract.

참조조문