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(영문) 서울고등법원 2015.07.15 2014나34296
부당이득금반환 등
Text

1. The plaintiff's succeeding intervenor's appeal and the preliminary claim added in the trial are all dismissed.

2. Appeal;

Reasons

1. Basic facts

A. On February 5, 2009, the Plaintiff (i.e., withdrawal; hereinafter “Plaintiff”) and the Defendant concluded an insurance contract in attached Form 1, which is the Defendant’s child B as the insured (hereinafter “instant insurance contract”).

Meanwhile, on May 3, 2013, the instant insurance contract and the rights and obligations arising therefrom, or the contractual status was transferred from the Plaintiff to the Plaintiff’s Intervenor upon a decision to transfer a contract by the Financial Services Commission under Article 14(2) of the Act on the Structural Improvement of the Financial Industry.

B. B, on February 22, 2009, was hospitalized from C Council members for 32 days on the ground of crypitis, and was hospitalized for 520 days in total from February 22, 2009 to March 4, 2013. The Plaintiff received KRW 14,00,000,000 from the Plaintiff according to the instant insurance contract.

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

【Reason for Recognition】 Each entry in the evidence of subparagraphs 1 through 22 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. The plaintiff's successor's assertion

A. The main claim part (1) The Defendant concluded a number of insurance contracts with other insurance companies in addition to the instant insurance contract.

The Defendant did not conclude the instant insurance contract in order to cope with risks to pure life, body, etc., but concluded the instant insurance contract with a view to unjust acquisition of insurance proceeds through multiple insurance contracts.

Therefore, the insurance contract of this case is null and void against good morals and other social order.

(2) In addition, the insurance accident alleged by the Defendant in the course of receiving insurance money from the Plaintiff is primarily spine disease, flick, etc., and the insured Party B had already been treated repeatedly due to salt, tension, protruding disability, etc. before entering into the instant insurance contract.

Therefore, the insurance contract of this case is at the time of contract.

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