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(영문) 수원지방법원안산지원 2015.09.10 2014가합24126
부당이득반환 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On January 30, 2007, the Green Damage Insurance Co., Ltd. and the Defendant A concluded each insurance contract listed in the separate sheet No. 1 (hereinafter “each of the instant insurance contracts”) with the policyholder, beneficiary, Defendant A, and the insured as Defendant B, who is the child of Defendant A (hereinafter “instant insurance contracts”).

On the other hand, each of the instant insurance contracts, their rights and obligations, or their contractual status were transferred from May 3, 2013 to the Plaintiff upon a decision to transfer contract made by the Financial Services Commission pursuant to Article 14(2) of the Act on the Structural Improvement of the Financial Industry.

B. Defendant B received hospitalized treatment for the total of 215 days from August 24, 2009 to February 14, 2014, including the hospitalization of 39 days at C hospital due to the symptoms of puls infection, and Defendant A received total of 90,535,318 won from the Plaintiff.

Details of insurance accidents, such as insurance proceeds paid by the Plaintiff to the Defendant A, the name of the diagnosis and the number of hospitalization days, shall be as specified in attached Table 2.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 through 9 (including branch numbers, if any) and the purport of the whole pleadings

2. The assertion and judgment

A. (1) In addition to each of the instant insurance contracts, Defendant A concluded multiple insurance contracts with Defendant B and the insured as Defendant A with the exception of each of the instant insurance contracts. The Defendants concluded each of the instant insurance contracts with a view to illegally acquiring insurance proceeds through multiple insurance contracts, not to conclude each of the instant insurance contracts, with a view to coping with risks to life, body, etc. of Defendant B. Accordingly, each of the instant insurance contracts is null and void contrary to good morals and other social order. (2) In the event that a policyholder concluded an insurance contract with a view to unfairly acquiring insurance proceeds through multiple insurance contracts, the insurance proceeds under the insurance contract concluded for such purpose.

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