부당이득금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The following facts of recognition may be found either in dispute between the parties or in the entry in Gap evidence 1, 2, and 5 (including paper numbers) by integrating the purpose of the entire pleadings.
On March 10, 2010, the Plaintiff concluded an insurance contract with the Defendant listed in the attached Table 1 (hereinafter “instant insurance contract”).
B. As shown in the attached Table 2, from July 12, 2010 to May 21, 2016, the Defendant was hospitalized on a total of 656 days in total from around July 12, 2010 to around May 21, 2016, and was hospitalized on a total of 40 days from around August 5, 2010 to around May 23, 2016 by the Plaintiff from around KRW 390,394,939,94,929,94,939,94,92,94,94,90 under the insurance contract of this case (i.e., e., e., e., knenee-paculation, kne-fe-feng escape, farcing fe-farcing, farcing fe-farcing, farcing, and an accident.
2. The assertion and judgment
A. The summary of the Plaintiff’s assertion (1) concluded the instant insurance contract for the purpose of unlawfully acquiring the insurance proceeds, and received false or unjust hospitalization for an accident or disease requiring hospital treatment, and on this ground, the Plaintiff acquired KRW 48,492,982 as above from the Plaintiff as the insurance proceeds for hospital treatment.
Therefore, the instant insurance contract is null and void in violation of Article 103 of the Civil Act.
(B) In addition, even though the Defendant purchased each loss insurance of the same nature as the instant insurance contract with the interesting country fire and marine insurance company (hereinafter “interesting country fire and marine insurance”) prior to entering into the instant insurance contract, it did not notify the Plaintiff at the time of the instant insurance contract.