Text
1. It is confirmed that the insurance contract entered in the separate sheet No. 1 List concluded between the Plaintiff and the Defendant was terminated on March 5, 2017.
2...
Reasons
1. Facts of recognition;
A. On September 18, 2008, the pertinent Plaintiff of the parties is an insurer who entered into an insurance contract indicated in the separate sheet No. 1 (hereinafter “instant insurance contract”) with the Defendant, and the Defendant is the party to the instant insurance contract and the insured.
B. On March 29, 2010, the Defendant, who paid the occurrence of an insurance accident and the amount of insurance proceeds, filed a claim for the insurance proceeds related to hospital treatment from time to time, when hospitalized for 383 days on July 28, 2016, on the ground that he/she started hospitalized treatment for 31 days on the examination of a protruding disability for 31 days. The details of the total insurance proceeds paid by the Plaintiff to the Defendant are as shown in the attached Table 2.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap 1 through 3 (including the case of additional number; hereinafter the same shall apply) and the purport of whole pleadings
2. Summary of the parties' arguments
A. The Plaintiff’s assertion 1) The Defendant concluded the instant insurance contract for the purpose of purchasing a large number of guaranteed insurance with similar security and repeating the long-term hospitalized treatment for the purpose of unlawfully acquiring high-amount insurance money from the insurance companies including the Plaintiff, and then received hospital treatment for a long time, repeatedly, due to symptoms capable of hospital treatment. The Defendant did not notify the fact that the security was subscribed to other insurance contracts similar to the security at the time of entering into the instant insurance contract, and did not have any financial capability to maintain multiple insurance contracts. Thus, the Defendant should be deemed to have the purpose of unfairly acquiring the insurance money at the time of entering into the instant insurance contract. Accordingly, the instant insurance contract is null and void pursuant to Article 103 of the Civil Act.