logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.08.07 2013가단114900
부당이득금
Text

1. Attached 1. Insurance contracts entered into between the Plaintiff and the Defendant are invalid.

2. The defendant.

Reasons

1. The defendant's basic facts are attached to the plaintiff around August 17, 2009.

1. An insurance contract entered into in the insurance contract (hereinafter “instant insurance contract”).

From September 19, 201 to September 17, 2012, the Defendant received insurance proceeds of KRW 17,506,600 (hereinafter “instant insurance proceeds”) from the Plaintiff on five occasions, based on the instant insurance contract.

【Reasons for Recognition: Each entry in Evidence A Nos. 1 and 2, and the purport of the whole pleadings】

2. The parties' assertion

A. The Plaintiff’s assertion that the Defendant had already concluded multiple insurance contracts with other insurance companies at the time of the conclusion of the instant insurance contract violates the duty of disclosure by failing to notify the Plaintiff. However, the instant insurance contract was concluded for the purpose of unlawful acquisition of insurance proceeds. Thus, the instant insurance contract is null and void against the duty of disclosure and against good morals and other social order. Accordingly, the Defendant is obliged to return the instant insurance proceeds received from the Plaintiff as unjust enrichment.

B. The Defendant’s solicitation around the Defendant’s assertion and the gradually aggravated health, is merely a number of insurance policies, not the instant insurance contracts for the purpose of unjust acquisition of insurance proceeds.

3. Determination

A. Where a policyholder concludes an insurance contract with intent to illegally acquire insurance proceeds through multiple insurance contracts, the payment of insurance proceeds pursuant to an insurance contract concluded for this purpose would be in excess of social reasonableness by inducing speculative spirit to gain unjust profits through abuse of insurance contracts, thereby impairing the purpose of the insurance system, destroying the contingencyness of risks, and causing the sacrifice of many subscribers, and thus impairing the foundation of the insurance system.

arrow