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(영문) 인천지방법원 2017.07.07 2014가합55259

보험에관한 소송

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1. (a) confirm that each insurance contract described in [Attachment I] 1 and 2 entered into between the Plaintiff and the Defendant A is null and void.

Reasons

1. Basic facts

A. On January 20, 2012, Defendant A concluded each insurance contract described in [Attachment A] Nos. 1 and 2 with the Plaintiff and himself as the insured.

On January 30, 2013, Defendant B entered into an insurance contract with the Plaintiff as the insured on January 30, 2013 as specified in attached Table 1 List 3.

(hereinafter referred to as "each insurance contract of this case" in the separate sheet, and when part of them are referred to, it shall be specified as "each insurance contract of this case" in the separate sheet.

After entering into the instant 1 and 2 insurance contract, Defendant A received total of 870 days from March 23, 2012 to May 8, 2017, and received total of 84,963,840 won from the Plaintiff as shown in attached Table 2.

C. After entering into the instant three insurance contract, Defendant B received a total of 455 days of hospitalized treatment from March 18, 2013 to February 11, 2015, and received total of 9,100,000 won from the Plaintiff as shown in attached Table 3.

[Reasons for Recognition] Defendant A: A without dispute, each entry in Gap evidence 1 through 20, the purport of the whole pleadings, and Defendant B: Confession (Article 150(3) and (1) of the Civil Procedure Act)

2. The plaintiff and defendant A's assertion

A. The Defendants asserted that the Plaintiff had concluded each of the instant insurance contracts with the aim of illegally acquiring insurance proceeds through multiple insurance contracts. As such, each of the instant insurance contracts is null and void pursuant to Article 103 of the Civil Act.

Therefore, the Defendants are obligated to return each of the insurance proceeds received according to each of the instant insurance contracts to the Plaintiff as unjust enrichment.

B. Defendant A’s assertion did not conclude an excessive insurance contract, and even if the occurrence of an insurance accident did not occur, Defendant A did not claim insurance money falsely.

3. Determination

A. Where a policyholder entered into an insurance contract with a view to unjust acquisition of insurance proceeds through multiple insurance contracts, the insurance contract is null and void in violation of good morals and other social order under Article 103 of the Civil Act.

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