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(영문) 서울북부지방법원 2016.10.27 2014가합25942
보험계약무효확인등
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. Facts of recognition;

A. On May 31, 2007, the Plaintiff concluded an insurance contract with the Defendant on May 31, 2007, stating that the insurance period is from May 31, 2007 to May 31, 2019 as the main collateral for death, disability caused by bodily injury, and injury medical expenses in golf facilities, and that the congratulatory money for the elderly is additionally secured (hereinafter “instant insurance contract”).

B. After entering into the instant insurance contract, the Defendant paid the insurance proceeds of KRW 15 million to the Defendant on December 29, 2008, August 24, 2009, and October 15, 2010, on three occasions, both cities located in Yangju-si 244, and the Plaintiff paid the insurance proceeds of KRW 15 million to the Defendant on one occasion, respectively.

C. According to the terms and conditions of the instant insurance contract, where the Defendant neglected to have engaged in golf games, the Plaintiff shall compensate for the following expenses within the limit of the purchase amount of insurance (5 million won).

1. Expenses for the purchase of souvenirs for memorial services;

2. Expenses for congratulationss held within one month from the date on which the number of persons held has been exercised;

3. Expenses for commemorative trees for the golf course;

4. The fact that there is no dispute over the money for congratulations in commemoration of the number of persons held by the person held by the person held by the person held by the person held by the person held by the person held by the person held by the person held by the person held by the person held by the person held by

2. The plaintiff's assertion

A. The probability of the occurrence of the neglected number of the main cause of the claim is merely 1/12,00 won, and it is difficult to believe that the Defendant concluded the instant insurance contract three times or more at the same golf course after the Defendant entered into the instant insurance contract, and the Defendant entered into an insurance contract with another insurance company as collateral for the congratulatory money for a person, and submitted false documentary evidence concerning the expenses not actually paid by the Defendant, and received the insurance money, etc., for the purpose of unlawfully acquiring the insurance money, it is invalid for the Defendant to enter into the instant insurance contract in violation of good morals and social order stipulated in Article 103 of the Civil Act.

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