보험금반환청구 및 보험계약무효확인
1. It is confirmed that an insurance contract entered in the separate sheet signed by the Plaintiff and the Defendant on February 8, 2010 is invalid.
2. The defendant.
1. Indication of claim;
A. On February 8, 2010, the Plaintiff entered into an insurance contract with the Defendant on February 8, 2010.
At the time of entering into an insurance contract with another insurance company, the Defendant did not notify the Plaintiff of the fact that it entered into an insurance contract, or of its disease and treatment.
The Plaintiff entered into more than 10 insurance contracts with several insurance companies to guarantee daily allowances during the period of hospitalization from July 2009 to August 2010 with more than 10 insurance contracts with similar contents, such as the instant insurance contracts. From September 2010 to November 201, the Plaintiff unlawfully acquired insurance proceeds by receiving the total amount of KRW 74,980,656 from the insurance proceeds after being hospitalized for a long period of time due to the trag, fry, etc. from September 201 to November 201.
Therefore, the insurance contract of this case is null and void in violation of Article 103 of the Civil Act.
B. From February 8, 2010 to November 25, 2011, the Defendant paid an insurance premium of KRW 635,800 to the Defendant. Under the instant insurance contract, the Plaintiff paid the Defendant the insurance premium of KRW 4,619,00,00 in total as per the day of hospitalization from May 11, 201 to November 9, 2011.
The defendant is obligated to return 3,983,200 won, which is the difference, to the plaintiff, and 3,450,000 won, which is a part of the above.
2. Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act).