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(영문) 광주지방법원목포지원 2014.10.16 2013가합2141
보험계약무효확인 및 보험금반환
Text

1. It is confirmed that each insurance contract entered into between the Plaintiff and the Defendants is null and void.

2. Defendant A.

Reasons

1. Basic facts

A. The Plaintiff is an insurance company running an insurance business that can be run under the Insurance Business Act and the relevant Acts and subordinate statutes, and the Defendants are married couple.

The Plaintiff entered into each of the instant insurance contracts listed in attached Table 1 (hereinafter “each of the instant insurance contracts”) with the Defendants as indicated in attached Table 1, in sequence, respectively.

(1) On March 7, 2003, 2003. 3. 4. 3, 2003, 2003. 4. 4. 3, 2003

B. From December 9, 2004 to November 21, 201, after the conclusion of each of the instant insurance contracts, Defendant A received total of 16 days of hospitalization, as shown in the attached Table 2, for a total of 579 days, as shown in the attached Table 2, and received insurance proceeds total of 93,351,087 won from the Plaintiff from October 30, 201 to April 12, 2012.

Of the attached table Nos. 1 through 6, Defendant A filed a claim against the Plaintiff under each insurance contract of this case without undergoing hospital treatment, and the No. 21 and 22 filed a claim against the Plaintiff for the insurance money for hospital treatment pursuant to each insurance contract of this case, but the Plaintiff did not pay the insurance money to the Defendant A prior to the filing of the instant lawsuit.

[Ground for recognition] Unsatisfy, Gap evidence 4

2. The parties' assertion

A. The Defendants alleged by the Plaintiff did not enter into each of the instant insurance contracts in order to purely cope with risks to life, body, etc., but concluded insurance contracts with the purpose of unlawfully acquiring insurance proceeds through multiple insurance contracts. Accordingly, each of the instant insurance contracts is null and void against good morals and other social order under Article 103 of the Civil Act, and accordingly, Defendant A is liable to return the insurance proceeds received from the Plaintiff to the Plaintiff as unjust enrichment.

B. The defendants' assertion.

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