beta
Text
1. As to KRW 70,082,152 and KRW 49,03,292 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 21,048,860 from July 28, 2015.
Reasons
1. The facts stated in the separate sheet of claim as to the cause of the claim do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings as to the entries in Gap 1 and 2.
According to the above facts, the insurance contract of this case between the plaintiff and B is null and void in violation of Article 103 of the Civil Act. Thus, the defendant who received insurance money from the plaintiff under this contract is obligated to return it
2. Judgment on the defendant's assertion
A. In a contractual relationship for a third party, where a contract that forms the legal relationship between a person weakly related and a summary of a basic person is null and void or cancelled, the liquidation of the contractual relationship shall be carried out between the person weakly related and the summary of the contract. Thus, barring any special circumstance, even if the abortion has already been provided to a third party, the person weakly related may not seek the return thereof against the third party on the ground of restitution or unjust enrichment based on the termination of the contract
However, since the instant insurance contract is an insurance contract for others, it constitutes a contract for a third party.
Therefore, even if the insurance money that the plaintiff paid to the defendant who is a third party to the contract for the third party is null and void between the plaintiff and B, it cannot be the subject of a claim for restitution, such as unjust enrichment.
B. Where a policyholder entered into a life insurance contract or accident insurance contract with an insurer for the purpose of supporting another person's living or providing economic support and the beneficiary acquires a claim for insurance money, the insurer's benefit to the beneficiary is the insurer's inherent obligation against the beneficiary.
Therefore, the insurer can seek the return of the benefit already provided to the beneficiary on the ground that the insurance contract has been invalidated or rescinded, which is a life insurance or accident insurance for others.