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(영문) 부산지방법원 동부지원 2018.08.23 2017가합102616
보험에관한 소송
Text

1. It is confirmed that an insurance contract entered in the Appendix 1 List concluded between the Plaintiff and the Defendant is null and void.

2. The defendant.

Reasons

1. Facts of recognition;

A. On December 28, 2009, the pertinent Plaintiff of the parties is an insurer who entered into an insurance contract indicated in the separate sheet No. 1 (hereinafter “instant insurance contract”) with the Defendant, and the Defendant is the party to the instant insurance contract and the insured.

B. From January 3, 2010, the Defendant: (a) filed a claim for the insurance proceeds related to hospitalized treatment from time to time on the ground of 184 days in total until March 17, 2017, on the ground that the Plaintiff was hospitalized for 15,630,00 won on the ground that the Defendant had been hospitalized for 19 days from time to time, on the ground that the Plaintiff had been hospitalized for 19 days from time to time, on the ground that the Plaintiff had been hospitalized for 19 days from time to time in front; (b) the total insurance proceeds paid by the Plaintiff to the Defendant are as shown in the attached Table 2.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap 1 through 3 (including the case of additional number; hereinafter the same shall apply) and the purport of whole pleadings

2. Summary of the parties' arguments

A. The Plaintiff’s assertion 1) The Defendant concluded the instant insurance contract for the purpose of purchasing a large number of guaranteed insurance with similar security and repeating the long-term hospitalized treatment for the purpose of unlawfully acquiring high-amount insurance money from the insurers including the Plaintiff, and then received hospital treatment for a long time, repeated period of time due to symptoms capable of hospital treatment. The Defendant did not notify the fact that the security was subscribed to other insurance contracts similar to the security at the time of entering into the instant insurance contract, and did not have any financial capability to maintain multiple insurance contracts. Thus, the Defendant should be deemed to have the purpose of unfairly acquiring insurance money at the time of entering into the instant insurance contract. Accordingly, the instant insurance contract is null and void in accordance with Article 103 of the Civil Act. 2) Even if the Defendant concluded the instant insurance contract without unlawful purpose, even if it was concluded without unlawful

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