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(영문) 인천지방법원부천지원 2016.04.27 2014가합10143
계약무효확인 및 보험금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff entered into the instant insurance contract with the Defendant on March 28, 2014, as a company aimed at conducting insurance business, etc., and concluded the instant insurance contract with the Defendant.

The matters to be guaranteed by the insurance contract of this case are as listed below [Attachment 1].

B. The Defendant claimed for injury and insurance proceeds of the instant insurance accident, the Defendant suffered injury, such as salt ties and tensions, etc., from May 14, 2014 to May 27, 2014, from the Council members B, from June 3, 2014 to June 16, 2014, from the Council members C, from June 3, 2014 to the Council members, from June 16, 2014, from June 23, 2014 to July 7, 2014, respectively, was hospitalized in the D regularly under the name of C, such as estimated signboards, etc., as specified otherwise, and filed a claim for insurance proceeds with the Plaintiff based on the instant insurance contract.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1-5 and the purport of the whole pleadings

2. Determination as to the cause of action

A. The summary of the Plaintiff’s assertion was that the Defendant concluded an insurance contract with a view to unfairly acquiring insurance proceeds through multiple insurance contracts including the instant insurance contract. Thus, the instant insurance contract is null and void against the good morals and other social order stipulated in Article 103 of the Civil Act.

Therefore, there is no obligation of the plaintiff to pay insurance money to the defendant based on the insurance contract of this case concerning the insurance accident of this case.

B. Where a policyholder concludes an insurance contract for the purpose of unfairly acquiring insurance proceeds through a large number of insurance contracts, the payment of insurance proceeds pursuant to the insurance contract concluded for such purpose would be in deviation from social reasonableness by encouraging speculative spirit to gain unjust profits by abusing the insurance contract. Moreover, the purpose of the insurance system, such as reasonable diversification of risks, destroying the contingentness of risks, and causing the sacrifice of a large number of subscribers, thereby impairing the foundation of the insurance system. Thus, such insurance contract is a good custom under Article 103 of the Civil Act.

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