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(영문) 창원지방법원진주지원 2016.09.29 2015가단34396
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

On February 25, 2010, the Defendant entered into a non-dividend comprehensive insurance contract with the insured’s husband B (hereinafter “instant insurance contract”), such as the indication of the attached insurance contract with the Plaintiff on February 25, 2010, and changed the beneficiary into the Defendant on October 1, 2013.

B The instant insurance contract was concluded between September 3, 2010 and September 20, 2010, and was hospitalized at the Jinju Medical Center for 18 days from the date of the instant medical contract, as well as at the time of the payment of insurance proceeds, 33 times in total for the reasons of medical treatment, such as urology, skin farming, high blood pressure, etc., 673 days in total, and the Defendant received KRW 48,940,973 in total from the Plaintiff six times.

From April 30, 209 to August 11, 2010, the Defendant entered into nine guarantee insurance contracts with several insurance companies including the instant insurance contracts, whose coverage content and nature are similar to those of the instant insurance contracts, and whose insured status B is similar to those of the instant insurance contracts, and received total insurance proceeds of KRW 230,854,157 from the insurance companies including the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, and each of the response to the order to submit financial transaction information, the defendant asserted the purport of the whole pleadings and concluded the insurance contract of this case for the purpose of unjust acquisition of insurance money through multiple insurance contracts. Thus, the insurance contract of this case is null and void against good morals and other social order, and accordingly, the defendant is liable to return insurance money received from the plaintiff.

Judgment

Where a policyholder concludes an insurance contract for the purpose of unjust acquisition of insurance money through a large number of insurance contracts, the payment of insurance money according to an insurance contract concluded for this purpose shall be made by encouraging speculative spirit to gain unjust profits by abusing the insurance contract.

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