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(영문) 춘천지방법원 원주지원 2018.12.13 2017가합6432

보험에관한 소송

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 August 30, 2007, Defendant A entered into the instant insurance contract that guarantees ordinary and temporary living expenses, disease hospitalization expenses, etc. by designating the Green Damage Insurance Co., Ltd. and Defendant B as the insured.

B. On May 3, 2013, the instant insurance contract and the rights and obligations thereunder, or the contractual status thereof, were transferred from the Green Damage Insurance Co., Ltd. to the Plaintiff by the decision of the Financial Services Commission on the transfer of contracts under Article 14(2) of the Act on the Structural Improvement of the Financial Industry

C. From October 22, 2007 to March 2, 2016, Defendant B hospitalized 23 times in total for 455 days in total. The said Green Damage Insurance Co., Ltd. and the Plaintiff paid the Defendants totaling KRW 16,731,167, supra.

The name of diagnosis and disease, hospital for treatment, the number of days of hospitalization, insurance proceeds, etc. against Defendant B shall be as specified in attached Table 2.

[Ground of recognition] Unsatisfy, entry of Gap evidence 2 through 6 (including branch numbers; hereinafter the same shall apply), the purport of whole pleadings

2. Judgment as to the main claim

A. The Defendants asserted that they concluded multiple insurance contracts that are similar to the content of the instant insurance contracts with other insurance companies without reasonable grounds, and paid excessive insurance premiums compared to the Defendants’ income.

After that, Defendant B was hospitalized for a long time, and the Defendants received a large amount of insurance money from multiple insurance companies including the Plaintiff.

In light of these circumstances, the instant insurance contract was concluded by the Defendants for the purpose of unjust acquisition of insurance money through multiple insurance contracts, and thus is null and void in violation of good morals and social order stipulated in Article 103 of the Civil Act.

Therefore, the Plaintiff seeks confirmation of invalidity of the instant insurance contract and return of unjust enrichment of the insurance money received during the period.

B. A large number of policyholders of the relevant legal principles regarding determination 1.