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(영문) 광주지방법원목포지원 2014.11.27 2014가합11937
보험계약 무효확인 등
Text

1. It is confirmed that each insurance contract entered into between the Plaintiff and the Defendants is null and void.

2. Defendant A.

Reasons

1. Indication of claim;

A. On March 31, 2010, Defendant B concluded a multiple insurance contract with multiple insurance companies, and entered into each insurance contract with the insured as Defendant A on March 31, 2010 with the intent to obtain insurance proceeds through repeated hospitalization by exaggeration of the degree of general disasters and diseases. On March 13, 2012, Defendant B changed the contractual parties of each of the above insurance contracts and beneficiaries to Defendant A, respectively.

B. From June 25, 2010 to May 7, 2014, Defendant A received from the Plaintiff KRW 31,551,947 as insurance money to the Plaintiff after he/she received repeated hospitalized treatment for 46 days in total on 46 occasions, starting from the date of hospitalization on the ground of needs, etc.

C. Therefore, each of the above insurance contracts is null and void against the good morals and other social order stipulated under Article 103 of the Civil Act. Defendant A is obligated to pay the Plaintiff the insurance proceeds of KRW 31,551,947, and the damages for delay calculated at the rate of 20% per annum from September 23, 2014 to the date of full payment, which is obviously the day following the delivery of the copy of the complaint of this case sought by the Plaintiff after the final unjust enrichment.

2. Article 208 (3) 1 of the Civil Procedure Act and the main sentence of Article 257 (1) of the same Act of the same Act.

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