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(영문) 전주지방법원 2018.11.16 2016가단38681
부당이득금
Text

1. Of the instant lawsuit, the part of the claim for confirmation of invalidity of the insurance contract as indicated in attached Form 1 shall be dismissed.

2. The plaintiff.

Reasons

1. Basic facts

A. On October 9, 2008, the Plaintiff entered into an insurance contract with the Defendant stating that the insured shall pay injury hospitalization expenses (30,000 won), expenses for hospitalization of a disease (30,000 won), expenses for vaccination of a disease (1 million won), expenses for hospitalization of a disease (16 patient), expenses for injury medical treatment (70,000 won), and expenses for medical treatment of a disease (hereinafter “instant insurance contract”).

B. From October 9, 2008 to April 30, 2015, the Defendant has concluded a 19 insurance contract as shown in the attached Table 2, and the monthly insurance premium is KRW 1,066,608.

C. From September 29, 2009 to October 6, 2009, the Defendant received KRW 33,584,488,48 from the Plaintiff as insurance proceeds for 355 days as shown in the attached Table 3, including that the Defendant received KRW 200,00 of the operating expenses from the Plaintiff as insurance proceeds after being hospitalized at the former North Korean University Hospital for eight days from September 29, 2009 to October 6, 2009.

[Ground of recognition] Facts without dispute, Gap 1-4 evidence, Gap 6 evidence, the purport of the whole pleadings

2. The plaintiff's assertion that the defendant concluded a multiple insurance contract or concluded the insurance contract of this case for the purpose of unlawfully acquiring insurance proceeds in excess of the actual degree of the occurrence of the insurance accident through repeated hospitalization for a long time. Since the insurance contract of this case is null and void under Article 103 of the Civil Act, it is necessary to confirm the invalidity of the insurance contract of this case. Of the insurance proceeds acquired by the defendant on September 21, 2009, 32,934,48 won of the remaining insurance proceeds excluding the insurance proceeds paid by the video accident of 650,000 won, without any legal ground, and thus, the above 32,934,448 won is obligated to return

3. As to the claim for nullification of the insurance contract of this case among the lawsuits of this case

A. Ex officio, the lawsuit of this case is in the middle of this case.

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