보험에관한 소송
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
On September 19, 2007, C Co., Ltd. (hereinafter “C”) concluded the instant insurance contract with the Defendant and the Plaintiff’s insurance contract.
On May 3, 2013, the Plaintiff acquired the instant insurance contract from C pursuant to the Financial Services Commission’s decision for contract transfer.
(2) The Defendant paid insurance money to the Defendant to the Plaintiff, both before and after the conclusion of the instant insurance contract, refers to the Plaintiff’s party to the instant insurance contract. From May 8, 2008 to February 2, 2017 after the conclusion of the instant insurance contract, the Defendant was hospitalized for 270 days in total as shown in the attached Table 2 for the cause of the instant insurance accident under the instant insurance contract, and received KRW 47,025,262 (general injury, temporary living expenses, expenses for hospitalization, etc.) from the Plaintiff.
The insurance contracts that the Defendant entered into during the period from August 31, 2007 to May 22, 2015, including the instant insurance contracts, are as listed in attached Table 3.
【In the absence of dispute, the insurance contract of this case is null and void in violation of Article 103 of the Civil Act, since the defendant concluded the insurance contract of this case for the purpose of illegitimate acquisition of insurance money. The insurance contract of this case is null and void in light of Article 103 of the Civil Act.
Therefore, the defendant should return the insurance money received from the plaintiff in accordance with the insurance contract of this case that is null and void to the plaintiff as unjust enrichment.
Preliminaryly, the Defendant was hospitalized for at least 78 days, as shown in the attached Table 4, even if there is no need to be hospitalized or it is possible to receive hospital treatment.
Since the trust relationship, which forms the basis of the instant insurance contract, was destroyed due to the Defendant’s false and excessive hospitalization, and thus, it was difficult to maintain the instant insurance contract as it is, the Plaintiff.