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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On November 2, 2006, the Plaintiff and the Defendant concluded the instant insurance contract with the major guarantee that the Plaintiff would pay a certain amount or a certain percentage of insurance money to the Defendant when the Defendant, as the insured and the beneficiary, was under surgery or hospitalized treatment due to general injury, etc.
B. From November 25, 2009 to October 201, 2016, the Defendant received hospital treatment for 595 days in total (hereinafter “instant hospital treatment”) on 37 occasions, and received KRW 60,272,483 as the insurance money from the Plaintiff according to the instant insurance contract.
C. Meanwhile, from around 2002 to around 2009, the Defendant concluded an insurance contract with the Defendant as the insured as described in the following table, and paid the insurance premium of KRW 471,209 per month to maintain each of the above insurance contracts.
Monthly insurance premiums (won) 1 C 2002-06-25 98,700 2 Plaintiff 3 EF 2005-11-0250,000 insurance contracts of this case 3 EF 2007-10-10-10-10,900 4 EG 2008-11-27 121,1405 H 5 H 2009-05-1261,469 [Grounds for Recognition] No dispute, Gap, 1,2,5, 6 (including a Serial number; hereinafter the same shall apply)'s statements, C, E, and H Co., Ltd.
2. Determination on the cause of the claim
A. The gist of the Plaintiff’s assertion was that the Defendant concluded the instant insurance contract for the purpose of unfairly acquiring insurance proceeds, and thus the instant insurance contract is null and void in violation of Article 103 of the
In addition, the defendant should return 60,272,483 won of the insurance money received from the plaintiff in accordance with each of the insurance contracts in this case that the plaintiff is null and void.
B. In the event that a policyholder entered into an insurance contract with a view to unlawfully acquiring insurance proceeds through multiple insurance contracts, insurance contracts are to be made for this purpose.