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(영문) 서울고등법원 2018.01.10 2016나2030256

계약무효확인 및 보험금

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1. Revocation of the first instance judgment.

2. Attached Table 2 signed on March 28, 2014 between the Plaintiff and the Defendant.

Reasons

1. Basic facts

A. On March 28, 2014, the Plaintiff entered into an insurance contract with the Defendant listed in the attached Table 2 (hereinafter “instant insurance contract”). The main contents of the instant insurance contract are as follows.

Insurance period from March 28, 2014 to March 28, 2070 as the separate coverage of KRW 50,000 (monthly payment) insurance premium per insurance period / Insurance 20 years for death of a general injury (won) with 300,000,000 and 100,000 after-injury (30,000 and 300,000,000 general after-injury (80%) with 20 years of age for death of a general injury (3-79%) with 20 years of age, and 300,000,000 general after-injury (not less than one day) with 100,000 and 20,0000 and 20,0000 and 200,000 and 200,000-10 and 200,0000-10 and 2000-10,000 patients (excluding infant).

B. On April 29, 2014, the Defendant filed a claim with the Plaintiff for the payment of the insurance proceeds for the items of hospitalization based on the instant insurance contract on the ground that the insured events listed in the attached Table 1, which are in excess of stairs, arose.

【Reasons for Recognition】 Entry of Evidence No. 1, and the purport of the whole pleadings

2. The plaintiff's assertion

A. Since the Defendant entered into the instant insurance contract for the purpose of unfairly acquiring insurance proceeds through multiple insurance contracts, the instant insurance contract is null and void in violation of Article 103 of the Civil Act.

Since the defendant is dissatisfied with the claim for insurance money, the insurance contract of this case is sought to confirm the invalidity of the insurance contract.

B. Preliminary Claim 1) The Defendant, from September 2014 to November 28, 2014, issued a peremptory notice to the Defendant on the condition that the instant insurance contract will be terminated if the Plaintiff did not pay unpaid premiums until November 28, 2014. Nevertheless, the Defendant did not pay unpaid premiums until November 28, 2014, and thus, the instant insurance contract was terminated as of November 29, 2014, and thus, the instant insurance contract was terminated as of November 29, 2014.2) The Defendant sought confirmation that the instant insurance contract was terminated as of November 29, 2014. < Amended by Act No. 12844, Apr. 30, 2014; Act No. 12844, Oct. 29, 2014>

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