보험에 관한 소송
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts (applicable for recognition: Facts without dispute, Gap evidence 1 and 2 (including paper numbers; hereinafter the same shall apply);
(i) the statement in subparagraph (i) of Eul, the K-A-B Bank of this Court, the D-B Bank of Bankruptcy, and the results of the fact-finding inquiry inquiry into the E-B Bank, the order of submission of taxation information, the results of the reply of the order of submission of taxation information, and
A. On July 9, 2008, the Defendant concluded an insurance contract with the Plaintiff listed in the separate sheet No. 1 (hereinafter “instant insurance contract”).
B. On October 8, 2008, the Defendant received hospitalized treatment for 14 days as indicated in the attached Table 2, including that he was hospitalized for 14 days on a disguised salt, franchisium, and as indicated in the attached Table 2, until August 11, 2017. The Plaintiff paid KRW 40,138,292 to the Defendant.
C. Among the insurance contracts that the Defendant concluded with himself as the insured, the insurance contracts maintained at the time of the conclusion of the instant insurance contracts are as listed in the attached Table 3, and the total sum of the insurance proceeds received by the Defendant under each insurance contract is KRW 86,502,935.
From January 2, 2002, the Defendant reported and paid value-added tax to the tax authorities from January 2004 to December 2017 while operating laundry facilities, and reported global income in 2007 and 2008.
2. Judgment on the main claim
A. The Plaintiff’s assertion that the instant insurance contract was concluded by the Defendant for the purpose of unfairly acquiring insurance proceeds by entering into multiple insurance contracts, and is null and void against good morals and other social order stipulated in Article 103 of the Civil Act. The Defendant is liable to return KRW 40,138,292, which was paid to the Plaintiff according to the instant insurance
B. (1) In light of the purport of the entire argument in the above facts, the defendant concluded five insurance contracts before and after the conclusion of the instant insurance contract, and paid KRW 569,227 with monthly insurance premium. The defendant was hospitalized for at least 411 days from the three months after the conclusion of the instant insurance contract, and the defendant received from the insurance company including the plaintiff.