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(영문) 창원지방법원 2015.05.28 2014가합5180
부당이득금
Text

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 October 7, 2010, the Plaintiff concluded each of the insurance contracts listed in [Attachment 1] Paragraph (1) with the Defendant as the insured; and on November 9, 2010, with each of the insurance contracts listed in Annex 1 Paragraph (2) with the Defendant (hereinafter “each of the instant insurance contracts”).

B. The Defendant entered into a total of 15 insurance contracts between Samsung Life Insurance Co., Ltd. (hereinafter “T&T”) and insurance companies including Samsung Life Insurance Co., Ltd. (hereinafter “T&T”) from February 13, 1998 to June 22, 201, including each of the instant insurance contracts, as indicated in attached Table 2 List 1, and entered into a total of 15 insurance contracts from February 13, 1998 to June 22, 201, four of which were terminated and 11 of which were maintained, and the sum of the said 11 insurance premiums is KRW 530,030 per month (excluding the current terminated insurance

C. From April 29, 201 to June 12, 2014, as indicated in attached Table 2, the Defendant hospitalized in a hospital for 322 days in total due to knee salt and tension, the left-hand shoulder, and the left-hand shoulder salt, etc., and received KRW 14,190,000 from the Plaintiff according to the instant insurance contract.

[Ground of recognition] The absence of dispute, Gap evidence Nos. 1 through 4 (including paper numbers; hereinafter the same shall apply), Samsung Life Insurance, AI damage insurance, lot board damage insurance, fact-finding, and the purport of the whole arguments and arguments

2. The plaintiff's assertion that the insurance contract of this case was concluded for the purpose of unfairly receiving insurance money through multiple insurance contracts, and is null and void against good morals and other social order stipulated in Article 103 of the Civil Code. Therefore, the defendant shall return the insurance money of 14,190,000 won received from the plaintiff as unjust enrichment.

3. Determination

(a)in the event that the policyholder concludes an insurance contract with the intention of unfairly acquiring insurance proceeds through a large number of insurance contracts, the policyholder shall be required to pay the insurance proceeds in accordance with the insurance contract concluded

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