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(영문) 전주지방법원 군산지원 2018.10.11 2017가합10864
보험에관한 소송
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 28, 2007, the Plaintiff entered into the instant insurance contract with the Defendant and entered into an insurance contract with the Defendant as the insured as indicated in the attached Table “Indication of the instant insurance contract” (hereinafter “instant insurance contract”).

B. The Defendant, after entering into the instant insurance contract, was hospitalized for 364 days in total due to knenee-pagrosis, urcium, and damage to knee-cule, etc. during the period from August 13, 2007 to February 21, 2017, as indicated in the “current Status of Payment of Insurance Money” after entering into the instant insurance contract. In this regard, the Defendant received insurance proceeds from the Plaintiff in total KRW 31,139,925.

C. The Defendant’s conclusion of various insurance contracts and the insurance contracts that the Defendant received from around 2007 included as the content of the insurance contracts whose coverage and nature are similar to those of the instant insurance contracts, or as the content of the patient’s daily allowance for hospitalization.

The contents of the insurance contracts are as shown in the attached list of total insurance contracts: Provided, That the contracting parties of the insurance contract No. 2 are third parties, not the defendant.

Accordingly, the insurance proceeds received by the Defendant from each insurance company are KRW 142,592,540 in total, as stated in the “the details of receipt of insurance proceeds” in the attached Form.

The defendant's income from the defendant's income was 38,526,977 won as business income in the following income tax books, 22,367,803 won in 208, 1,846,189, and 2,209,068 won as income from other income.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 4, the purport of whole pleadings

2. The plaintiff's assertion

A. The Defendant, which is the primary cause of claim, concluded a multiple insurance contract, and concluded the instant insurance contract for the purpose of unlawfully acquiring insurance proceeds after undergoing excessive surgery and hospitalized treatment. Thus, the instant insurance contract is null and void against good morals and other social order stipulated in Article 103 of the Civil Act.

The defendant conceals the same purpose.

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