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(영문) 광주지방법원순천지원 2017.09.21 2016가단77978
보험계약무효확인등
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. On May 31, 2007, the Plaintiff entered into an insurance contract with Defendant B as the insured (hereinafter “instant insurance contract”). The instant insurance contract contains a special agreement that guarantees the daily amount of hospitalization in the event that Defendant B, the insured, is hospitalized by disease.

B. From October 23, 2008 to November 10, 2008, Defendant B was hospitalized in C Hospital as a usually active field, as well as from October 23, 2008 to July 27, 2016, and was hospitalized in each hospital for a total of 343 days during the period from October 23, 2008 to July 23, 2016, and was paid KRW 47,009,690 in total by the Plaintiff as per the instant insurance contract.

C. The insurance contract concluded by Defendant B as the insured before and after the instant insurance contract is indicated in the separate sheet “the current status of the insurance that Defendant B is the insured.”

[Ground of recognition] The non-contentious facts, Gap evidence Nos. 1 and 2 (including each number if there are additional numbers), the whole purport of the arguments as a result of the order to submit each financial transaction information about Hansung Life Insurance Co., Ltd., Samsung Life Insurance Co., Ltd., Samsung Life Insurance Co., Ltd., AIA Life Insurance Co., Ltd., Postal Information Center, Nonghyup Life Insurance Co., Ltd., Ltd., Ltd., and

2. The gist of the Plaintiff’s assertion is that the instant insurance contract was concluded for the purpose of unjust acquisition of insurance money through multiple insurance contracts, and thus, is null and void in violation of good morals and other social order under Article 103 of the Civil Act, and Defendant B is liable to return the insurance money received from the Plaintiff

3. Determination

A. In the event that a policyholder entered into an insurance contract with a view to wrongfully acquiring insurance proceeds through multiple insurance contracts, it is unlawful to have the policyholder pay insurance proceeds under the insurance contract concluded for this purpose.

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