보험에관한 소송
1. The insurance contract concluded between the plaintiff and the defendant is invalid.
2. The defendant shall be the plaintiff.
1. Indication of claim;
A. On October 23, 2006, the Plaintiff entered into an insurance contract with the Defendant and Si/Gun as the insured (hereinafter “instant insurance contract”). The instant insurance contract contains a special agreement that guarantees the daily amount of hospitalization when the insured is hospitalized by disease.
B. On June 19, 2007, after the conclusion of the instant insurance contract, the Defendant began to receive hospitalized treatment from B to B for 19 days from June 7, 2013, the Defendant was hospitalized from the time to June 7, 2013, for 560 days in total due to hepatitis, chronitis, other annual organization disorder, acute chronpathitis, other root disorder, and the e-grochis disease, etc., and received KRW 17,909,888 from the Plaintiff based on the instant insurance contract.
C. However, in light of the Defendant’s property and income at the time of entering into the instant insurance contract, the status of entering into another insurance contract, details of the disease affected by hospitalized treatment, the period of hospitalization, and the amount of the insurance proceeds received, etc., the Defendant appears to have concluded the instant insurance contract for the purpose of pretending the insurance contingency to be against pure risks to life, body, etc., or unfairly acquiring the insurance proceeds by exaggerationing the degree of such risk.
Therefore, the insurance contract of this case is null and void as contrary to good morals and other social order under Article 103 of the Civil Act. Since there is no legal ground for the insurance money paid to the defendant under the insurance contract of this case, the defendant is obligated to pay to the plaintiff 17,909,88 won of unjust enrichment and damages for delay calculated at the rate of 20% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the day after the delivery of the copy
2. Judgment without holding any pleadings (Articles 208 (3) 1 and 257 of the Civil Procedure Act);