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(영문) 광주지방법원순천지원 2016.10.21 2016가단70748
보험계약무효확인 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Notwithstanding the absence of economic ability to pay the insurance premium, Defendant A purchased insurance proceeds as the insured of Defendant B with a view to illegally acquiring the insurance proceeds. Defendant B received insurance proceeds of KRW 38,607,361 (Defendant B (Defendant B (Defendant C1,257,858, Defendant C37,349,503) by receiving false or excessive hospital treatment for a considerable period of time due to a disease that can be treated solely on the basis of hospital treatment.

Therefore, each insurance contract of this case is null and void because it violates good morals and other social order, and Defendant B and C must return each of the above insurance proceeds with unjust enrichment to the Plaintiff.

2. Determination

A. According to the statements in Gap evidence Nos. 1 through 9 (including virtual numbers) and the response to the order to submit financial transaction information of this court, according to the results of the response of this court, defendant Eul and Eul are children of the defendant Eul. The defendants signed an insurance contract with the defendant Eul on September 13, 2001 with the defendant Eul as the insured on September 13, 201 and maintained 10 insurance contracts with 427,314 won per month including each insurance contract of this case as of the closing date of the argument of this case as of July 25, 2011 to November 19, 201, the defendant Eul received 391 medical treatment for 1,257,858 won, and with respect to the above hospitalized treatment, the fact that the defendant Eul received from the plaintiff 1,257,858 won, 146,263,071 won, MG damage insurance from the defendant Eul and the defendant Eul were recognized as having received from the plaintiff 1,25037,8137,739,7300

B. However, in light of the following circumstances acknowledged by comprehensively considering the aforementioned evidence and the evidence set forth in subparagraphs 1 through 3 as a whole, Defendant A entered into each of the instant insurance contracts with an intent to illegally acquire insurance proceeds on the sole basis of the above acknowledged facts.

or defendant B is reasonable and reasonable.

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