logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2020.11.12 2018다221690
보험에관한 소송
Text

All appeals are dismissed.

The costs of appeal are assessed against each party.

Reasons

The grounds of appeal are examined.

1. As to the Plaintiff’s grounds of appeal, the lower court concluded the instant insurance contract with the intent to unlawfully acquire insurance proceeds on the grounds as indicated in its reasoning.

The plaintiff's primary claim and the first preliminary claim were dismissed because there is insufficient evidence to see that the person was hospitalized for a long time due to the intention to acquire insurance money or obtain insurance money.

The judgment below

Examining the reasoning of the judgment below in light of the record, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the legal doctrine regarding the invalidation of insurance contracts or illegal acts related to excessive hospitalization, or by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules,

2. As to the Defendant’s grounds of appeal, the lower court determined that the Defendant was obligated to pay the Plaintiff unjust enrichment and damages for delay equivalent to the above amount, on the ground that the Defendant received the insurance money from the Plaintiff, an insurance company, after being hospitalized in the absence of the necessity of hospitalization during each period indicated in the “number of days of excessive hospitalization” as indicated in the attached Table 2 of the lower judgment, and received the insurance money from the Plaintiff, who was an insurance company, without any legal ground.

The judgment below

Examining the reasoning in light of the record, the lower court did not err in its judgment by failing to exhaust all necessary deliberations as alleged in the grounds of appeal and by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

3. Therefore, all appeals are dismissed, and the costs of appeal are assessed against each party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

arrow