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1. The insurance contract of Article 2 in each insurance contract listed in the separate sheet No. 1 shall be verified as invalid;
2. Defendant C is the Plaintiff 57.
Reasons
1. Basic facts
A. As shown in the attached list 1, Defendant B entered into the first insurance contract between the Plaintiff and the Defendants, and Defendant C entered into the second insurance contract with each Plaintiff. 2) Meanwhile, the Guarantee Insurance List as the insured of Defendant C is as follows.
(P) From No. 3 to 12, Defendant C is the contractor and the insured). On June 25, 2003, Plaintiff D 1’s non-party D 2 EF around May 10, 2004, terminated around 3 G cooperatives H on July 4, 2004; IJ around November 23, 2004; 5 K L on April 27, 2005, terminated on October 28, 2005, and terminated on December 17, 2005, Plaintiff D 1’s violation of the duty of disclosure around 208.13, 2007.
B. The Plaintiff paid insurance proceeds to Defendant C from June 16, 2004 to May 2, 2017, the Plaintiff paid insurance proceeds of KRW 77,018,837, as shown in the attached Table 2, to Defendant C based on the insurance contract Nos. 1 and 2.
C. 1) Defendant C was indicted on the charge of committing the act of receiving KRW 210,16,267 through 40 times from six insurance companies, including the Plaintiff, etc., for a long time in spite of the need to be hospitalized after purchasing eight insurance products (except 3, 4, 8, and 11 in the above table), and of receiving KRW 210,16,267 through 40 times. On August 12, 2019, the above court found Defendant C and the Prosecutor guilty of the above facts charged, and sentenced Defendant C to one year of imprisonment on August 12, 2019. (2) Defendant C and the Prosecutor appealed the above judgment as the Daejeon District Court 2019No2521, Jan. 15, 2020, and the appellate court reversed the guilty portion of the judgment of the lower court against Defendant C and sentenced Defendant C to a suspended sentence for two years on the grounds of unfair sentencing.
The above appellate judgment became final and conclusive on January 31, 2020.
(hereinafter “instant criminal final judgment”) on the other hand, and related thereto.