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(영문) 대법원 2019.07.25 2016다224350
부당이득금
Text

The judgment below

The part against the Defendants is reversed, and that part of the case is remanded to Busan District Court.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Where a policyholder concludes an insurance contract for the purpose of unjust acquisition of insurance money through multiple insurance contracts, the insurance contract shall be null and void in violation of good morals and other social order stipulated in Article 103 of the Civil Act;

The reason why insurance money is paid in accordance with such insurance contracts is not only a deviation from social reasonableness, but also a deviation from the purpose of the insurance system, such as reasonable diversification of risks, destruction of the contingent nature of risks, and destruction of the foundation of the insurance system by causing the sacrifice of many people of good insurance policy.

Unless there is any evidence that directly recognizes whether a policyholder has concluded multiple insurance contracts for the purpose of illegally acquiring insurance proceeds, such purposes may be ratified based on various circumstances, such as the occupation and financial status of the policyholder, the timing and developments of concluding multiple insurance contracts, the scale and nature of the insurance contracts, and the circumstances after concluding the insurance contracts.

2. Based on the following circumstances, the lower court determined that the instant insurance contract was concluded by B for the purpose of illegally acquiring insurance proceeds through multiple insurance contracts, and was null and void against good morals and other social order stipulated in Article 103 of the Civil Act.

579,192 monthly insurance premiums, including the instant insurance contract, seems to be excessive to B.

B, from February 20, 2009 to April 30, 2009, concluded a total of seven insurance contracts including the instant insurance contracts, and it is difficult to view that there are reasonable grounds to conclude multiple insurance contracts including similar security within a short period.

B From June 9, 2009 to February 10, 2015, 1,628 days.

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