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1. It is confirmed that the insurance contract indicated in the attached Form 1 insurance contract concluded by the Plaintiff and Defendant A is null and void.
2...
Reasons
1. Basic facts
A. On May 7, 2009, the Plaintiff entered into an insurance contract indicated in the attached Table 1 insurance contract (hereinafter “instant insurance contract”) with Defendant A, the insured, and the beneficiaries, other than the death, as Defendant B, who is his/her father’s father. The instant insurance contract includes collateral payment for the daily amount of hospitalization when the insured is hospitalized due to illness or injury.
나. 피고 B는 2009. 7. 20.부터 2009. 8. 6.까지 18일 동안 C병원에서 ‘요추의 염좌 및 긴장, 좌 견관절 염좌’의 병명으로 입원치료를 받은 것을 비롯하여 그 무렵부터 2016. 12. 15.까지 별지2 기재와 같이 경추통, 아래허리통증, 어깨 관절의 염좌 및 긴장, 무릎뼈의 폐쇄성 골절 등의 증상으로 34회에 걸쳐 총 557일간 입원치료를 받았다.
C. Of the insurance contracts whose insured status is Defendant B, those similar to the insurance contract of this case and the content and nature of guarantee are as specified in attached Table 3.
The contract terminated before the conclusion of the instant insurance contract, and cancer insurance contracts, pension insurance contracts, automobile insurance contracts, dental insurance, etc., which cannot be seen as similar to the content and nature of the instant insurance contract, were excluded.
According to the Plaintiff’s statement No. 4, 51,362,856 of the insurance money paid to Defendant B, the Plaintiff appears to have paid KRW 2,529,846 of the total insurance amount of KRW 51,362,856 of the insurance money to Defendant A’s account in the name of Defendant A. However, since the beneficiary of the instant insurance contract is Defendant B, it is reasonable to deem that the said KRW 2,529,846 was paid to Defendant B.
In addition, the insurance company mentioned in attached Form 3, including the plaintiff, paid to the defendant B is KRW 113,157,018.
E. Defendant A did not report income from 2008 to 2012, except that the tax authority reported income of KRW 5,696,270 to 2010, and Defendant B reported income from 2008 to 2012.