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(영문) 대구지방법원서부지원 2016.06.16 2015가합7030

보험에관한 소송

Text

1. Of the instant lawsuit, the part of the Plaintiff’s claim for the confirmation of existence of an obligation against the Defendant A shall be dismissed.

2. Defendant A.

Reasons

1. Basic facts

A. On March 18, 2005, Defendant A entered into the instant insurance contract with the Plaintiff, an insurance company, as the insured, as the insured (hereinafter “instant insurance contract”).

B. On November 14, 2012, the Plaintiff changed the policyholder and beneficiary of the instant insurance contract, upon the request of the Defendants for change of the contract, consented to the change of the policyholder and beneficiary of the instant insurance contract from Defendant A to Defendant B, and then newly issued the insurance policy (Evidence 5) indicating the policyholder and beneficiary as above to Defendant B.

C. At the request of the Defendants, the Plaintiff paid the insurance proceeds under the instant insurance contract four times from November 2005 to March 2014 as follows.

On November 11, 2005, the date of the payment of insurance proceeds on November 15, 2005, the date of the occurrence of the insured event on the date of the claim, the details of the claim for the payment of insurance proceeds, and on December 16, 2005, Defendant A on November 15, 2005, 1,701,769, 2005, 2005, 16 December 206, 2005, Defendant A on December 2006, 2006, 5,032, 534 3, 2010, 30 December 30, 2010, Defendant A was hospitalized on December 31, 2010; 40,004; 203.05, 25, 3784, 207, 2075, 207, 375, 3747, 2014.

D. On the other hand, in addition to the insurance that had been previously subscribed as shown in the table below, Defendant A was indicted on October 29, 201 by taking out seven additional insurance policies, including the instant insurance contract from March 2005 to May 2005 by entering false matters in collusion with Nonparty C, who was an insurance solicitor, and claiming the insurance money as if the said accident occurred after being treated by the hospital by pretending the insurance accident, and claiming the insurance money as if the above accident occurred, and receiving the insurance money from the Plaintiff and other insurance companies, including the Plaintiff, for receiving the insurance money of KRW 125,249,805 in total from the Plaintiff and other insurance companies. < Amended by Act No. 11417, Oct. 29, 2012>