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(영문) 창원지방법원마산지원 2017.09.14 2016가단107311
부당이득금
Text

1. It is confirmed that an insurance contract entered in the separate sheet concluded between the Plaintiff and the Defendant is null and void.

2. The defendant.

Reasons

1. Facts recognized;

A. On August 16, 2010, the Defendant concluded an insurance contract with the Plaintiff listed in the separate sheet (hereinafter “instant insurance contract”).

B. From September 26, 201 to May 18, 2016, the Defendant received 6,390,000 won by being hospitalized for 213 days in total as shown in the following table, and by being paid 6,390,000 won in total from the Plaintiff as insurance money (per day of hospitalization).

B C BD E C

C. The Defendant, including the instant insurance contract, concluded 20 insurance contracts with multiple insurance companies including the Plaintiff from January 23, 2009 to April 19, 2016, and concluded 5 of which is terminated or invalidated, and maintained the current 15 insurance contracts.

The Defendant concluded 5 cases in 2009 among the above 20 insurance contracts, and 4 contracts in 2010. On the same day as the date of the conclusion of the instant insurance contract, the Defendant concluded each insurance contract with the modern marine fire insurance, Mz fire and marine insurance on the same day.

Among the insurance contracts entered into by the defendant, the insurance contracts that are paid a day of hospitalization when being hospitalized due to injury or disease are three cases including the insurance contracts of this case, and most of the insurance contracts subscribed by the defendant are not savings but guaranteed insurance.

The defendant is currently paying the total amount of KRW 531,251 per month under 15 insurance contracts.

B. The defendant

In receiving insurance money from the plaintiff due to the same reasons as described in the paragraph, the plaintiff received each insurance money from the modern marine fire insurance, merz fire insurance for the same reason.

In addition, the defendant Na.

From October 2009 to December 201, 2016, many insurance companies received insurance proceeds of KRW 74,908,930, including the insurance proceeds described in the subsection.

E. In addition to the business income of KRW 5,274,637 in 2009, the Defendant did not have any business income of KRW 1,578,00, and the business income of KRW 4,701 in 2012 and the daily employment income of KRW 5,480,000 in 209, there was no business income, earned income, and global income from 2009 to 2015.

The husband F of the defendant is the husband F.

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