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(영문) 부산지방법원 2013.09.27 2013가합5698

보험계약무효확인 및 보험금반환

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1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On January 11, 2006, the Defendant concluded a consortiums insurance contract with the Plaintiff, a company running non-life insurance business, such as a comprehensive automobile insurance, as shown in the attached Table 1 (hereinafter “instant insurance contract”).

B. From March 3, 2006 to July 5, 2006, the Defendant was hospitalized for three days from the 2006 Busan Southern-gu’s Republic of Korea due to an injury or disease, etc. from around that time to July 25, 2012, and was paid 84,274,344 won in total from the Plaintiff by claiming insurance money to the Plaintiff on the grounds of injury or disease, etc. as shown in the attached Table 2 from around that time.

C. Meanwhile, in addition to the instant insurance contract concluded with the Plaintiff, the Defendant concluded a total of eight insurance contracts with other insurance companies from October 19, 200 to September 6, 2006 as follows.

No. 1 Samsung Life Insurance 3229050801030 October 25, 2000 on the date of a securities number contract for the name of the company 1 Samsung Life Insurance No. 32905030, October 23, 201943841 under the Telecommunication Life Insurance 201943841, Nov. 23, 2000, 200 the Telecommunication Life Protection No. 2030400269, Apr. 3, 2009, No. 135217, 2017, No. 1360, 2017, No. 3604, Nov. 25, 2006, No. 2016, Nov. 16, 2004

2. The Plaintiff’s assertion concluded multiple insurance contracts including the instant insurance contracts with the intent to acquire insurance proceeds unlawfully by temporarily concluding them within a short period. The instant insurance contract is null and void as a juristic act contrary to good morals and social order stipulated in Article 103 of the Civil Act.

Therefore, the confirmation of the invalidity and the return of the insurance money already paid to 84,274,344 is sought.

3. We examine the judgment.

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