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(영문) 전주지방법원 군산지원 2018.10.11 2017가합11621
보험에관한 소송
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 October 5, 2010, the Plaintiff entered into the instant insurance contract with the Defendant and entered into an insurance contract with the Defendant as the insured as indicated in the attached Table “Indication of the instant insurance contract” (hereinafter “instant insurance contract”).

B. The Defendant, after entering into the instant insurance contract, received hospital treatment for 39 days in total from March 31, 201 to March 30, 2017, as indicated in the “current Status of Payment of Insurance Money” following the conclusion of the instant insurance contract. In relation to the foregoing, the Defendant received hospital treatment for 26,030,693 won in total from the Plaintiff, as indicated in the “current Status of Payment of Insurance Money” from March 31, 201 to March 30, 2017.

C. The Defendant’s conclusion of various insurance contracts and the insurance contracts that the Defendant received from around 2010 included as the content of the insurance contracts whose coverage and nature are similar to those of the instant insurance contracts, or as the content of the patient’s daily allowance for hospitalization.

The contents of each insurance company are as shown in the separate sheet of total insurance contracts. Accordingly, the insurance proceeds that the Defendant received from each insurance company are totaling KRW 53,283,256, as stated in the separate sheet of receipt of insurance proceeds.

The Defendant’s income reported the amount of KRW 4,361,430, KRW 8,120,000, KRW 8,536,520, KRW 16,031,330, and KRW 2,100,00 for the period from 2010 to 2018, respectively.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 4, the purport of whole pleadings

2. The plaintiff's assertion

A. The Defendant, which is the primary cause of claim, concluded a multiple insurance contract, and concluded the instant insurance contract for the purpose of unlawfully acquiring insurance proceeds after undergoing excessive surgery and hospitalized treatment. Thus, the instant insurance contract is null and void against good morals and other social order stipulated in Article 103 of the Civil Act.

In addition, it is stipulated in Article 110 of the Civil Act that the defendant made the instant insurance contract with the concealment of such purpose.

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