보험계약무효확인
1. It is confirmed that an insurance contract in the attached Form between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) is null and void.
2...
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On October 27, 2009, the Plaintiff entered into an insurance contract in the attached Form B (except for the part of the policyholder and beneficiary; hereinafter “instant insurance contract”).
This was invalidated on December 1, 2013 on the grounds of the unpaid insurance premium, and B made an offer of restoration through the Defendant (the Defendant was a policyholder and a beneficiary) who is the same birth, and the Plaintiff accepted it, which was restored on August 19, 2014.
B. At around 17:40 on August 25, 2014, B, driving a C Cost Star (hereinafter “instant vehicle”) and driving a 88 Olympic Expressway at a point of 123.5 km on the 88 Olympic Expressway, and died due to multiple cerebral brain damage, etc., in conflict with D Driving E-Motors (hereinafter “victim”) driving on the opposite lane while driving the 88 Olympic Expressway at a point of 123.5km.
(hereinafter referred to as “instant accident”). C.
Article 15(1)1 of the Terms and Conditions of the instant insurance contract provides that “When a person insured (person insured) intentionally damages himself/herself, no insurance proceeds shall be paid.”
[Reasons for Recognition] Facts without dispute, entry of Gap 1 through 5, and 7 evidence (including branch numbers in case of additional number), the purport of the whole pleadings
2. The parties' assertion
A. The insurance contract of this case, which the plaintiff asserted, was concluded for the purpose of illegally acquiring the insurance money under the ice of the insurance accident, and is null and void against the good customs and other social order stipulated in Article 103 of the Civil Code, and therefore, the plaintiff is not liable
In addition, since the accident of this case constitutes "the case where the insured (the insured) intentionally damages himself/herself" as stipulated in Article 15 (1) 1 of the terms of the insurance contract of this case, the plaintiff is not obligated to pay the insurance money to the defendant.
B. The Defendant’s instant insurance contract is normal.