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(영문) 광주지방법원 2015.04.09 2014가합59073
구상금
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 July 12, 2010, the Defendant concluded the instant insurance contract with the Plaintiff. From February 19, 2011 to February 25, 2011, the Defendant received hospitalized treatment for 7 days, as well as attached Table 2 [Attachment 1], for a total of 163 days until March 28, 2014, and received total of 4,083,927 won from the Plaintiff according to the instant insurance contract.

B. Of the instant insurance contracts, the insurance contracts, including the instant insurance contracts, for which the Defendant is the contractor or the insured, are 17 cases as shown in attached Table 3 [Attachment 2]. The insurance proceeds that the Defendant received from the insurance company from March 6, 2011 to July 8, 2014 are totaled KRW 37,89,899 (=Plaintiff 4,083,927, Inc. (hereinafter “stock company”) are omitted.

) 3,570,00 Mz fire insurance KRW 11,10,00,000 in future life insurance KRW 8,00,000 in modern marine fire insurance KRW 11,145,972).

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 6, Eul evidence Nos. 7 through 16, life insurance for agricultural cooperatives, Eastern Fire Insurance, Mzz fire insurance, LIG damage insurance, AI life insurance, future life insurance, future life insurance, LA life insurance, modern marine fire insurance, purport of the whole pleadings

2. Considering the following circumstances: (a) the Defendant asserted that the instant insurance contract was concluded for the purpose of unfairly acquiring insurance money through multiple insurance contracts, and the Defendant is obliged to return the insurance money received according to the instant insurance contract, in light of good morals and other social order, even though the Defendant appears to have no special property, and paid excessive insurance money, even though the content of the instant insurance contract appears to have been nonexistent in the short term; and (b) even if it is possible to receive outpatient treatment due to the symptoms, the instant insurance contract was concluded for

3. Where a policyholder concludes an insurance contract with a view to unjust acquisition of insurance proceeds through multiple insurance contracts;

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