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(영문) 서울중앙지방법원 2016.06.23 2015가단5327309
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion

A. 1) The Plaintiff’s assertion on May 16, 2006, premised on the invalidity of the insurance contract (hereinafter “instant insurance contract”) is a C contract with the Defendant as the insured on May 16, 2006, whose insurance period is from May 16, 2006 to May 16, 2058 (hereinafter “instant insurance contract”).

(2) The Defendant filed a claim for insurance money based on the instant insurance contract on the ground that the Plaintiff suffered 81 injuries, such as digging in the stairs from August 25, 2006 to May 2, 2015, as shown in attached Table 1, from August 25, 2006, on the ground that the Defendant sustained 81 injuries, and the Plaintiff paid the insurance money in total to the Defendant.

3) At the time of concluding the instant insurance contract with the Plaintiff, the Defendant entered into multiple insurance contracts whose coverage is similar to that of the instant insurance contract with another insurance company, paid an excessive amount of insurance premium, and thereafter received a large amount of insurance money from multiple insurance companies including the Plaintiff after repeatedly hospitalized the instant insurance contract as seen earlier. In light of such circumstances, the instant insurance contract was concluded by the Defendant 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 stipulated in Article 103 of the Civil Act, and thus, the Defendant must return the insurance money paid to the Plaintiff as unjust enrichment. (B) The Defendant received hospital treatment with 86,976,893 won as stated in the instant insurance contract from D, E oriental medical hospitals, etc., and received insurance money of KRW 8,743,603,03 in total from the Plaintiff according to the instant insurance contract as shown in attached Form 2.

2. However, the above disease of the defendant is most of the two diseases that can move through throughout the hospital, and the hospital treatment alone can achieve the purpose of sufficient treatment, and the hospital treatment is provided in the absence of a need for hospitalization.

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