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(영문) 수원지방법원안산지원 2019.05.13 2016가합8364
보험에관한 소송
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Facts of recognition

The Plaintiff, including the conclusion of an insurance contract, is an insurance company under the Insurance Business Act and related Acts and subordinate statutes, and D Co., Ltd. (hereinafter “D”) is a company that carries on various types of insurance and reinsurance contracts, collection of insurance premiums under contracts, and payment of insurance proceeds.

D On Nov. 10, 2009, Defendant B and the insured as Defendant C entered into an insurance contract on Nov. 10, 2009, which covers general injury, temporary living expenses, hospitalization expenses, etc. (hereinafter “instant insurance contract”).

On May 3, 2013, the Plaintiff subscribed to the instant insurance contract from D pursuant to the Financial Services Commission’s decision for contract transfer.

(hereinafter referred to as “Plaintiff” in total). The occurrence of insurance accidents and the payment of the Plaintiff’s insurance proceeds from November 24, 2009 to December 1, 2015, Defendant C received hospitalized treatment as shown in the attached Table 2 from November 24, 2009 to December 1, 2015. The Defendants received KRW 43,120,000 in total from the Plaintiff according to the instant insurance contract.

【Ground of Recognition” without any dispute, Gap 1 through 5 (including additional numbers), and the plaintiff’s claim for judgment as to the main claim of the entire pleadings is null and void in violation of Article 103 of the Civil Act, since the insurance contract of this case concluded by the defendants for the purpose of unfairly acquiring insurance proceeds through multiple insurance contracts. Thus, the defendants disputing this claim seeking confirmation of invalidity of the insurance contract of this case against the defendants, and the insurance money received from the plaintiff under the insurance contract of this case, which falls under unjust enrichment, must

Judgment

Where a policyholder concludes an insurance contract for the purpose of illegally acquiring insurance proceeds through multiple insurance contracts, the payment of insurance proceeds in accordance with the insurance contract concluded for such purpose is promoted by abusing the insurance contract to obtain unjust profits.

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