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(영문) 광주지방법원 2016.06.24 2015가합57814

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 October 5, 2007, the Defendant concluded an insurance contract in the attached Form (hereinafter “instant insurance contract”) with the Plaintiff as the insured and beneficiary.

B. On December 22, 2010, the Defendant was hospitalized in B oriental medical hospitals for 21 days due to the crypology accompanied by the nephal root disease certificate and other conical signboards, etc., and was hospitalized in B oriental medical hospitals for 969 days from December 22, 2010 to September 30, 2014.

C. In addition to the instant insurance contract, the Defendant did not conclude an insurance contract whose content and nature are similar to the instant insurance contract.

The monthly insurance premium of the instant insurance contract is KRW 49,00, and the Defendant received KRW 68,235,496 in total from the Plaintiff from January 18, 201 to December 29, 2014.

There is no material to verify that the Defendant had special property, occupation, or income from the time of the conclusion of the instant insurance contract to the date of the conclusion thereof.

[Ground of recognition] Facts without dispute, entry of Gap 1, 5, and 7 evidence (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion did not purely conclude the insurance contract of this case to cope with risks to his own life, body, etc., but did not enter into the insurance contract of this case for the purpose of unlawful acquisition of insurance proceeds. The insurance contract of this case is null and void against good morals and other social order. Accordingly, the defendant is liable to refund insurance proceeds and damages for delay received from the plaintiff on the basis of the insurance contract of this case.

B. (1) Determinations (1) Where a policyholder concludes an insurance contract with a view to illegally acquiring insurance proceeds through multiple insurance contracts, the payment of insurance proceeds under an insurance contract concluded for this purpose would not only lead to the deviation of social reasonableness by encouraging speculative spirit to gain unjust benefits by abusing the insurance contract.