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(영문) 전주지방법원 군산지원 2018.11.15 2017가합12020
보험에관한 소송
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On July 28, 2009, the Plaintiff entered into the instant insurance contract with the Defendant as the insured (hereinafter “instant insurance contract”) and entered into an insurance contract with the Defendant as indicated in the attached Table “Indication of the Insurance Contract” (hereinafter “instant insurance contract”).

B. The Defendant received hospital treatment for 119 days in total as indicated in the “current Status of Payment of Insurance Money” following the conclusion of the instant insurance contract between January 10, 201 and February 16, 2016, for 26,106,030 won in total, as indicated in the “current Status of Payment of Insurance Money” following the conclusion of the instant insurance contract. In this regard, the Defendant received hospital treatment from the Plaintiff for 26,106,030 won.

C. The Defendant’s conclusion of various insurance contracts and the insurance contracts that the Defendant received from around 2011 included as the content of the insurance contracts whose coverage and nature are similar to those of the instant insurance contracts, or as the content of the patient’s daily allowance for hospitalization.

The contents of the contract are as shown in the attached Table 1, 4, and 12, but the contract parties are third parties.

Accordingly, the insurance proceeds received by the Defendant from each insurance company are KRW 32,172,650 in total, as stated in the “the details of receipt of insurance proceeds” in the attached Form.

From July 28, 2009 to February 9, 2018, the Defendant reported the Defendant’s income amount, respectively, to KRW 2,600,00 in 2014, and KRW 7,547,184 in 2016.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 4, the purport of whole pleadings

2. The plaintiff's assertion

A. The Defendant, which is the primary cause of claim, concluded a multiple insurance contract, and concluded the instant insurance contract for the purpose of unlawfully acquiring insurance proceeds after undergoing excessive surgery and hospitalized treatment. Thus, the instant insurance contract is null and void against good morals and other social order stipulated in Article 103 of the Civil Act.

In addition, it is stipulated in Article 110 of the Civil Act that the defendant made the instant insurance contract with the concealment of such purpose.

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