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(영문) 인천지방법원 2015.08.21 2014가단237900
보험에관한 소송
Text

1. It is confirmed that an entry insurance contract between the Plaintiff and the Defendant in the Schedule 1 is void.

2. The defendant shall have to the plaintiff 29,751.

Reasons

1. Basic facts

A. On April 27, 2007, the Plaintiff entered into an insurance contract with the Defendant (hereinafter “instant insurance contract”).

The main contents of the instant insurance contract are as follows: (a) the Defendant, the insured, is entitled to receive the cost of hospitalization (the amount of compensation per day of hospitalization in case of receiving treatment due to disease) from the Plaintiff, the insurer.

B. The Defendant entered into an insurance contract between the Defendant and another insurance company, as shown in the attached Table 2, with another insurance company, which is similar to the insurance contract of this case (the Green Cross Life Co., Ltd. listed in the attached Table 9 No. 9 is the trade name before the Plaintiff’s change) and its coverage.

(hereinafter “each of the instant separate insurance contracts”) C.

The Defendant received insurance money from the Plaintiff from around 2007 to around 2014, and received insurance money of KRW 29,751,424 in total from the Plaintiff on the basis of the instant insurance contract, and on the grounds of hospitalized treatment due to injury and disease, etc., the Defendant received insurance money of KRW 125,745,214 in total, as shown in the attached Table 2, based on the instant insurance contract and each separate insurance contract.

[Ground of Recognition: Facts without dispute; Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 2, 9 through 18 (including numbers, if any); Linna Life Insurance Co., Ltd.; Lina Life Insurance Co., Ltd.; Lina Life Insurance Co., Ltd.; Lina Life Insurance Co., Ltd.; interest country Life Insurance Co., Ltd.; result of each inquiry or order to submit financial transaction information; purport of the whole pleadings]

2. The assertion;

A. Since the Defendant, as the primary cause of the Plaintiff’s primary claim, concluded the instant insurance contract with the intent to illegally acquire insurance proceeds through multiple insurance contracts, the instant insurance contract is a juristic act contrary to good morals and other social order under Article 103 of the Civil Act.

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