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(영문) 창원지방법원 2016.01.21 2015가합30350
보험에관한 소송
Text

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

2. The plaintiff, .

Reasons

1. Basic facts

A. 1) On March 13, 2009, the Plaintiff concluded the instant insurance contract with Defendant B as the insured on March 13, 2009 (hereinafter “instant insurance contract”).

The Plaintiff and Defendant B changed the beneficiary of the above insurance contract to Defendant A on January 27, 2012, and thereafter, on February 2, 2015, the “beneficiary of death” of the above insurance contract was changed to the statutory heir, and the “beneficiary of life and beneficiary” was changed to Defendant B, respectively. 2) The Defendant also concluded 30 insurance contracts (hereinafter “each insurance contract of this case”) between the insurance company including the AIG damage insurance company (hereinafter “AIG damage insurance”) as described in the attached Table 2 List 1, including the instant insurance contract.

B. As indicated in attached Table 2, Defendant B hospitalized in the hospital from May 29, 2009 to January 9, 2015, as indicated in attached Table 2, and Defendant B paid the Plaintiff’s insurance proceeds, etc., the Plaintiff paid KRW 12,380,000 insurance proceeds to Defendant B from May 29, 2009 to December 3, 2011 according to the insurance contract of this case, as indicated in attached Table 2.

C. Defendant B’s income did not have filed a comprehensive income tax return with the tax office from 2009 to 2014.

[Ground of recognition] without any dispute, Gap evidence Nos. 1 (including paper numbers; hereinafter the same shall apply), 2 through 7, Eul evidence Nos. 1, 2, 3, 4, 8, and 9, each of the statements Nos. 1, 2, 3, 4, 8, and 9, and the interest-making fire of this court, ING life insurance, AIG damage insurance, KB life insurance, KSB life insurance, ACE fire, Samsung CCE fire, Samsung CB bio-life, Samsung C&S, Changwon Fire, Changwon Co., Ltd., and the purport of the whole arguments and arguments against Busan Regional Headquarters

2. Determination on the claim to nullify the invalidity of the insurance contract of this case

A. The plaintiff.

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