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1. The Plaintiff (Counterclaim Defendant) shall pay KRW 500 million to the Defendant (Counterclaim Plaintiff) and its payment from June 21, 2014 to the day of complete payment.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. On April 12, 2012, B (hereinafter “the network”) concluded an insurance contract with the Plaintiff, the insurer, as indicated in the separate sheet (hereinafter “instant insurance contract”).
B. On February 21, 2013, the Deceased’s death was found to have been in a state of death with the skind from the outer wall of the studio in the building immediately adjacent to the building of this case, and the cause of the death was found to have been brain-dead and to have been damaged due to the fall. The deceased was found to have been brain-dead and to have been damaged due to the fall.
(hereinafter referred to as “instant accident”). 【The deceased’s death” / [based on recognition] The fact that there is no dispute, the entries in the evidence Nos. 2, 26, 27, and 28 (including each number), and the purport of the whole pleadings.
2. Determination on the main claim
A. While the Plaintiff’s assertion was already subscribed to multiple insurance, five additional insurance contracts including the instant insurance contracts were concluded from December 26, 2011 to April 12, 2012. At the time, the Deceased purchased a large number of insurance policies with excessive amount of insurance premiums exceeding income, such as paying a total of KRW 173,570 per month premium even though he did not have a stable occupation. In addition, each of the above insurance contracts is most guaranteed insurance, and particularly, the injury death insurance amount is up to KRW 2.5 billion in total, and the beneficiary was distributed to each insurance company as the parents, spouse, and children, etc. of each insurance company. In light of the fact that the Deceased voluntarily concluded the instant insurance contract for the purpose of unlawfully acquiring the insurance money through multiple insurance contracts, the instant insurance contract is null and void in violation of Article 103 of the Civil Act and other social order.
Therefore, the Plaintiff is the Defendant.