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(영문) 전주지방법원 군산지원 2018.10.11 2016가합11716
보험에관한 소송
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 December 18, 2007, the Plaintiff entered into the instant insurance contract with the Defendant and entered into an insurance contract with the Defendant as the insured as indicated in the attached Table “Indication of the instant insurance contract” (hereinafter “instant insurance contract”).

B. The Defendant received hospital treatment for 321 days in total, as indicated in the “current Status of Payment of Insurance Money” following the conclusion of the instant insurance contract from August 12, 2008 to December 30, 2015, as indicated in the “current Status of Payment of Insurance Money” following the conclusion of the instant insurance contract. In relation to this, the Defendant received hospital treatment for 42,747,653 won in total from the Plaintiff.

C. The Defendant’s conclusion of various insurance contracts and the insurance contracts that the Defendant received from around 2007 included as the content of the insurance contracts whose coverage and nature are similar to those of the instant insurance contracts, or as the content of the patient’s daily allowance for hospitalization.

The contents of the insurance contract are as shown in the attached list of "total List of Insurance Contracts": Provided, That the contracting parties of the insurance contract Nos. 1 and 2 are third parties, not the defendant.

Accordingly, the insurance money that the Defendant received from each insurance company is the total of 48,958,430 won, as stated in the “the details of the receipt of the insurance money.”

The defendant's income reported 64,152 won, 448,620 won, respectively, as the business income and income amount of 2014 in the following income tax base for the period from 2009 to 2015.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 11 (if there is an additional number, including a branch number; hereinafter the same shall apply) and the purport of whole pleadings

2. The plaintiff's assertion

A. The Defendant, which is the primary cause of claim, concluded a multiple insurance contract, and concluded the instant insurance contract for the purpose of unlawfully acquiring insurance proceeds after undergoing excessive surgery and hospitalized treatment. Thus, the instant insurance contract is null and void against good morals and other social order stipulated in Article 103 of the Civil Act.

The defendant or the defendant is the same.

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