채무부존재확인
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
The claim E on February 7, 2015.
1. The reasoning of the court’s explanation concerning this part of the facts and the parties’ assertion is the same as that of the pertinent part of the reasoning of the judgment of the first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the
2. Determination
A. Whether the insurance contract of this case is null and void pursuant to Article 103 of the Civil Act (1) where a policyholder entered into an insurance contract with a view to unfairly acquiring insurance proceeds through multiple insurance contracts, the payment of insurance proceeds pursuant to the insurance contract concluded for this purpose would be in deviation from social reasonableness by inducing speculative spirit to gain unjust profits by abusing the insurance contract. Moreover, the purpose of the insurance system, such as reasonable diversification of risks, destroying the contingencyness of risks, and causing the sacrifice of a large number of subscribers, thereby impairing the foundation of the insurance system. Thus, such insurance contract is null and void against good morals and other social order under Article 103 of the Civil Act (see, e.g., Supreme Court Decision 2009Da12115, May 28, 2009). With respect to whether a policyholder entered into a multiple insurance contract with a view to unfairly acquiring insurance proceeds, the purpose of the insurance contract can be ratified based on the overall circumstances, such as occupation and financial status of the policyholder, the timing and process of entering into multiple insurance contracts, the scale and nature of the insurance contract after the conclusion.
In particular, the fact that a policyholder has concluded an excessive insurance contract to pay a large amount of insurance premiums on a regular basis to the extent difficult to be borne in light of the economic circumstances such as his/her own revenue, the circumstance that a large number of insurance insurances have been concentrated despite the absence of reasonable grounds, and the subscription by the solicitation of an insurance solicitor, etc.