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(영문) 서울고등법원 2018.10.17 2016나2048646
보험에관한 소송
Text

1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. The reasoning for this part of this Court’s reasoning is as stated in Paragraph 1 of the reasoning of the judgment of the first instance, and thus, this part is cited pursuant to the main sentence of Article 420 of the Civil Procedure

2. Judgment as to the main claim

A. The gist of the Plaintiff’s assertion was that the Defendant concluded several insurance contracts including the instant insurance contract in a short period, which are similar to the content of guarantee, and accordingly, the Defendant was in excess of the monthly insurance premiums that the Defendant should pay, and even if there was no need to objectively hospitalization, and repeatedly received considerable amount of insurance proceeds by receiving

Therefore, the insurance contract of this case is concluded for the purpose of unfairly acquiring insurance proceeds, and is null and void in violation of good morals and other social order under Article 103 of the Civil Act. Accordingly, the defendant is obligated to return the insurance proceeds paid to the plaintiff according to the insurance contract of this case.

B. Where a policyholder concludes an insurance contract with a view to unfairly acquiring insurance proceeds through multiple insurance contracts, the insurance contract is null and void in violation of the good customs and other social order of Article 103 of the Civil Code.

The reason is that the payment of insurance proceeds in accordance with such insurance contracts not only leads to deviation from social reasonableness, but also it also undermines the purpose of the insurance system, such as reasonable diversification of risks, destroys the contingency of risk, and damages the foundation of the insurance system by causing the sacrifice of a large number of good subscribers.

In addition, even if there is no evidence to directly acknowledge whether a policyholder has concluded multiple insurance contracts for the purpose of illegally acquiring insurance proceeds, such circumstances are based on the occupation and property status of the policyholder, the timing and circumstances of concluding multiple insurance contracts, the scale and nature of insurance contracts, and the circumstances after concluding the insurance contracts.

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