Text
1. The insurance contract concluded between the plaintiff and the defendant is invalid.
2. The defendant shall be the plaintiff.
Reasons
1. Indication of claim;
A. On December 6, 2004, the Defendant concluded a multiple insurance contract with multiple insurance companies, and entered into an insurance contract with the Plaintiff on December 6, 2004, for the purpose of acquiring insurance proceeds through repeated hospitalization for a long time by exaggerationing the degree of general disasters and diseases.
B. Since December 30, 2004, the Defendant started hospitalization on the grounds of hepatitis C, as well as astronomical surgery, etc. from July 28, 2014, received KRW 59,740,265 as insurance money from the Plaintiff after having repeatedly hospitalized treatment for a total of 62 days from July 28, 2014.
C. Therefore, the above insurance contract is null and void in violation of good morals and other social order under Article 103 of the Civil Act. The defendant is obligated to pay to the plaintiff 59,740,265 won of insurance proceeds received under the above insurance contract and damages for delay calculated at the rate of 20% per annum from September 5, 2014 to the day of full payment, which is obviously the day following the delivery of a copy of the complaint of this case sought by the plaintiff after the date of unjust enrichment.
2. Article 208 (3) 1 of the Civil Procedure Act and the main sentence of Article 257 (1) of the same Act of the same Act.