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(영문) 광주지방법원순천지원 2017.05.18 2016가단79189
보험계약무효확인등
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 November 13, 2008, the Plaintiff entered into an insurance contract (hereinafter “instant insurance contract”) with the Defendant, which contains the content that guarantees daily allowances for injury and disease by making the Defendant the insured as the insured, as indicated in the attached Form 1 (hereinafter “instant insurance contract”).

B. From February 5, 2009 to December 10, 2009, the Defendant received hospitalized treatment for a total of 542 days between 17, 2015 and 51,705,147 won from the Plaintiff during the period from February 11, 2009 to December 22, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1-1-2, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Defendant asserted that the instant insurance contract was concluded for the purpose of unfairly acquiring insurance proceeds through multiple insurance contracts, and thus, the instant insurance contract is null and void in violation of Article 103 of the Civil Act.

Therefore, the Defendant is obligated to refund the amount equivalent to the insurance money received according to the instant insurance contract to the Plaintiff as unjust enrichment.

B. Fact-finding 1) The current status of the insurance contract concluded before and after the instant insurance contract as the insured is as listed below. The net insurance company's insurance product name insurance insurance insurance insurance insurance premium (won) insurance premium 1 high 16,39,336 disease (one 30,000 won a day) 16,50,000 won (one 30,000 won a day) 2 Dongyang Life-free Distribution Protection (one 8,000,000 won a day) disease (one 10,000 won a day), 8,350,000 won (one 10,000 won a day), 16,300,000 won (one 10,000 won a day), 16,000 won (one 16,500,000 won a day a day a day a day a day a day a day a day a day has elapsed, 200,000 won or more)

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