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(영문) 서울고등법원 2017.03.17 2015나2055661
보험에관한 소송
Text

1.(a)

Of the judgment of the first instance against Defendant B, the part against the Plaintiff corresponding to the amount ordered to be paid below.

Reasons

1. Basic facts

A. On March 25, 2010, Defendant B entered into the instant insurance contract with the Plaintiff, its contractor, and its insured. On December 23, 2013, the contractor’s name of the instant insurance contract was changed to Defendant A.

B. Defendant B received the insurance money of Defendant B from May 4, 2010 to May 12, 2010, as indicated in the attached Table 2, received the hospitalized treatment for 9 days from C Hospital under the name of the sick person, such as catitis.

Defendant B received totaling KRW 37,90,416 from the Plaintiff according to the instant insurance contract for reasons such as receiving hospitalized treatment for a total of 603 days during the period from May 7, 2014.

C. Defendant B, including the details of the conclusion of Defendant B’s insurance contract, concluded a total of six insurance contracts between March 25, 2010 and September 28, 201 as indicated in the attached Table 3 as the insured, as well as the instant insurance contract.

Accordingly, the monthly insurance premium to be paid by Defendant B became a total of 373,375 won as of September 28, 2011.

【Reasons for Recognition】 Each entry of the evidence of subparagraphs 1 through 7, 10 through 15 (including each number; hereinafter the same shall apply), and the purport of the whole pleadings

2. Determination as to the claim against Defendant A

A. The purport of the Plaintiff’s assertion is that the instant insurance contract was concluded for the purpose of unfairly acquiring insurance proceeds through multiple insurance contracts, and is null and void against the good morals and other social order stipulated in Article 103 of the Civil Act.

B. As a result of the fact-finding on the evidence of the first instance court and the vice director of the court of first instance, vice vice governor of the National Health Insurance Corporation, vice vice governor of the National Health Insurance Corporation, vice governor of Seocheon-si, vice head of Seocheon-si, Mez fire and marine insurance company, interesting country fire and marine insurance company, and agricultural damage insurance company, the response to each order to submit financial transaction information to the National Bank of the first instance court, and the Korea Federation of Banks.

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