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(영문) 서울고등법원 2015.03.20 2013나2025666
채무부존재확인
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

(b).

Reasons

1. The reasons for this part of the facts of recognition are as follows: “Dong Fire Insurance Co., Ltd. 4 of the first instance judgment” is as follows: “Dong Fire Insurance Co., Ltd. 3; “49,00,000 won” of the third 6th 3rd 6th 6th 3rd 199,000 won; “49,000 won” and “40,000 won” of the third 17th 17th 4th 12; “750,000,000 won” in the fourth 5th 3th 3th 4th 4th 5th 3th 3th 2nd 4th 2nd 4th 2nd 5th 3th 3th 3th 2nd 4th 5th 3th 4th 2nd 50,000 won; “250,000 won” in addition to the “250,005th 205th 305”.

2. Determination

A. The relevant legal doctrine 1) Since a life insurance contract is an agreement to pay money to a contingency on a human life, and thus is likely to cause moral hazard, such as intentionally murdering the insured for the purpose of acquiring money, it is strongly demanded to conclude the contract. Thus, if a life insurance contract is concluded for the purpose of acquiring insurance money solely by pretending an insured incident from the beginning, it is highly likely to cause illegal act of taking benefits as a means of human life if it is concluded for the purpose of acquiring insurance money. The payment of insurance money according to a life insurance contract concluded for such purpose would deviate from social reasonableness by encouraging speculative spirit to gain unjust benefits by abusing the insurance contract, and thus, such a life insurance contract shall be null and void as a juristic act contrary to social order (see Supreme Court Decision 9Da49064, Feb. 11, 200). Meanwhile, where an insurance contract is concluded for the purpose of illegally acquiring insurance money through multiple insurance contracts.

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