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(영문) 인천지방법원 2017.07.14 2016가합53554

구상금

Text

1. It is confirmed that an insurance contract entered in the separate sheet between the plaintiff and the defendant is invalid.

2. The defendant is 10.0% for the plaintiff.

Reasons

1. Indication of claim;

A. On October 22, 2013, the Defendant concluded an insurance contract with the Plaintiff as indicated in the separate sheet that guarantees the harm from the harm caused by general injury (hereinafter “instant insurance contract”).

B. After undergoing the diagnosis of a physical disability on two occasions, the Defendant received a total of KRW 10,043,711 insurance money from the Plaintiff by claiming the payment of the insurance money for the remaining disability, such as “when there is a serious obstacle to the function of Section 1 among the three major sections of one bridge” among the three major sections of one bridge, and “when there is a serious obstacle to the function of Section 1 among the three major sections of one arms”, the Defendant received the said insurance money from the Plaintiff.

C. Where a policyholder concludes an insurance contract for the purpose of unfairly acquiring insurance proceeds through a large number of insurance contracts, the payment of insurance proceeds pursuant to the insurance contract concluded for such purpose would result in deviating from the social legitimacy by encouraging speculative spirit to gain unjust benefits by abusing the insurance contract, and thereby impairing the purpose of the insurance system, such as reasonable diversification of risks, destroying the contingentness of risks, and causing the sacrifice of the large number of subscribers, thereby impairing the foundation of the insurance system. Such insurance contract is null and void against the good morals and other social order stipulated in Article 103 of the Civil Act

In order to receive large amount of disability insurance money, the defendant has repeatedly purchased a large number of insurance companies including the insurance contract in this case, and in particular, it has repeatedly claimed and received disability insurance money on the ground of minor accidents after he purchased the insurance contract in this case.

Therefore, it is difficult to view the instant insurance contract concluded between the Plaintiff and the Defendant as purely against the risk of life, body, etc., and instead, it is rather unreasonable to deny the insurance contract by pretending the insurance accident or neglecting its degree.

참조조문