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(영문) 서울중앙지방법원 2017.08.24 2015나16582
보험에관한 소송
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff as of January 26, 201 between the Defendant and the Defendant

6. 22. Attached Table 1 (hereinafter “instant insurance contract”) entered into each insurance contract (hereinafter “instant insurance contract”).

B. On January 31, 2013, the Defendant was hospitalized for 254 days in total over 16 days, as indicated in the attached Table 2 “The details of the Plaintiff’s payment of insurance proceeds” from February 4, 2013 to January 29, 2014, on the ground that he/she suffered injuries by getting out of the bed from the bed in the bed, and the Plaintiff paid insurance proceeds of KRW 8,791,912 (hereinafter “the instant insurance proceeds”) on each relevant date indicated in the above table upon the Defendant’s claim for insurance proceeds.

【Ground of recognition】 The fact that there has been no dispute, each entry of Gap's 1 through 4 (including each number), and the purport of whole pleading

2. The plaintiff's assertion

A. The Defendant, including the instant insurance contract, concluded a large number of guaranteed insurance contracts with multiple insurance companies exceeding its economic power, and received a large amount of insurance proceeds according to each insurance contract by repeatedly hospitalized 254 days on 16 occasions immediately after the conclusion of the contract.

As such, the defendant concluded the insurance contract of this case for the purpose of pretending the insurance accident or falsely acquiring the insurance proceeds by exaggerationing the degree of the insurance accident, the insurance contract of this case is null and void in violation of good morals and other social order, and the defendant has a duty to return the insurance proceeds of this case received

B. Although the insurance contract of this case is not invalid, it was confirmed that 48 days of hospitalization was unnecessary as a result of the fact-finding inquiry reply by the Health Insurance Review and Assessment Service, and the defendant was unfairly hospitalized for a long time more than the insurance money actually payable for minor injuries or diseases, and acquired the insurance money from the plaintiff. Thus, the whole insurance money of this case is based on tort.

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