계약무효확인 등
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On December 19, 2008, the Plaintiff entered into an insurance contract with the Defendant (hereinafter “instant insurance contract”).
B. On June 8, 2009, while paying monthly insurance premium under the instant insurance contract, the Defendant began to undergo hospitalized treatment by June 17, 2009 under the diagnosis of hepatitis and hepatitis infection, as shown in attached Table 2, from the hospital in the 21st place until September 11, 2013. In this regard, the Defendant received insurance money, such as injury of KRW 40,200,000,000, total amount of KRW 40,200 based on the instant insurance contract, and the daily amount of hospitalization for a disease, etc. from the Plaintiff.
[Judgment of the court below] The ground for recognition is without merit, Gap evidence 1 through 34 (including additional number), the purport of whole pleadings
2. Judgment on the assertion
A. The plaintiff's assertion that the defendant bought an insurance policy similar to that of many insurance companies from around 2008 to around 2009; the insurance premium amount is excessive compared to the income level of the defendant; the defendant repeats hospitalized treatment such as a monthly event for a long time on the ground of minor chronic diseases such as crypitis, crypitis, and East, and received large insurance money from each insurance company totaling KRW 244,135,861 (=the plaintiff's insurance money to be paid to 40,200,000 insurance money to 203,935,861 won). In light of the above, the insurance contract of this case is not for the defendant to prepare for risks against pure life, body, etc.; rather, it is concluded for the purpose of pretending the insurance accident or acquiring the insurance money unlawfully by overstating it, and is null and void against good morals and other social order under Article 103 of the Civil Act.
Even if the contract of this case does not fall under the above grounds for nullification, in light of the degree of injury and disease of the defendant, the defendant does not need long hospitalization.