logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원진주지원 2015.05.13 2014가합11201
보험에관한 소송
Text

1. It is confirmed that each insurance contract entered in the separate sheet concluded between the Plaintiff and the Defendant is invalid.

2. The defendant.

Reasons

1. Basic facts

A. On April 30, 2010, the Plaintiff entered into each of the insurance contracts listed in the separate sheet with the Defendant as the insured (hereinafter “each of the instant insurance contracts”) with the Defendant. Each of the instant insurance contracts includes the content guaranteeing daily allowances when the insured receives treatment due to injury or disease.

B. For 15 days from October 1, 2010 to October 15, 2010, the Defendant received hospital treatment for 137 days in total by 137 days under the name of sick person on attached Table, such as the following: (a) salt and tension of the bones, such as bones, etc.; and (b) salt and tension of the bones, tension, etc. of the bones; (c) the Defendant received hospital treatment under the name of sick person on attached Table No. 1 of the specifications of hospitalization, such as the name of diagnosis, by May 3, 2014.

(hereinafter “instant insurance accident”). C.

The Defendant claimed insurance money under each insurance contract of this case against the Plaintiff on the ground of the instant insurance accident, and the Plaintiff paid the insurance money of KRW 5,740,000 to the Defendant.

[Reasons for Recognition] Facts without a partial dispute, entry of Gap 1 through 7 evidence (including each number), the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion that the defendant concluded each of the insurance contracts of this case for the purpose of unfairly acquiring insurance proceeds. Each of the insurance contracts of this case constitutes a juristic act contrary to good morals and social order under Article 103 of the Civil Code and thus null and void. The defendant is obligated to return the insurance proceeds of 5,740,000 won paid to the plaintiff as unjust

B. The Defendant’s assertion does not conclude each of the insurance contracts of this case for the purpose of acquiring insurance money only when the Defendant actually suffered from a disease or claimed insurance money due to an accident.

3. Determination

(a) Where a policyholder entered into an insurance contract with a view to unfairly acquiring insurance proceeds through a large number of insurance contracts, insurance proceeds shall be paid pursuant to the insurance contract concluded for this purpose.

arrow