logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2017.08.17 2016가단351555
부당이득금
Text

1. It is confirmed that an insurance contract entered in the attached Form 1 List concluded between the Plaintiff and the Defendant is null and void.

2. The defendant.

Reasons

1. The facts subsequent to the facts of recognition may be found either in dispute between the parties or in Gap evidence Nos. 1-3 and 6 (including paper numbers; hereinafter the same shall apply) by integrating the whole purport of the pleadings.

On December 12, 2008, the Plaintiff concluded an insurance contract with the Defendant listed in the attached Table 1 (hereinafter “instant insurance contract”).

B. As shown in the separate sheet No. 2, from May 26, 2009 to September 15, 2015, the Defendant received hospitalization treatment for 155 days in total, on 13 occasions due to the accidents, such as an accident in which a vehicle was avoided, an accident exceeding the bicycle, an accident going beyond the stairs, an accident going beyond the stairs, an accident going beyond the bar, an accident of acute spatitis and engine spatitis and engine spatitis, an accident going beyond the spatch, an accident going beyond the spatch, an accident coming out of the spatch, an accident falling out of the spatch, an accident falling out of the spatch, an unspatch nuclear escape, an accident falling out of the spatch, etc., and the Plaintiff received hospitalization treatment from the Plaintiff as the insurance proceeds under the insurance contract of this case (=3,603,040,000 won).

2. The assertion and judgment

A. The summary of the party’s assertion (1) concluded the instant insurance contract for the purpose of unlawfully acquiring the Plaintiff’s insurance proceeds, and received false or unjust hospitalization for an accident or disease that does not require hospital treatment, and accordingly, acquired KRW 3,603,040 as above from the Plaintiff on the ground of this.

Therefore, the instant insurance contract is null and void in violation of Article 103 of the Civil Act, and the Defendant is obligated to return to the Plaintiff KRW 3,603,040 paid as insurance money as unjust enrichment.

(2) In relation to the insurance contract of this case, the defendant did not intend to acquire the insurance money unlawfully.

In addition, the defendant was properly hospitalized due to an accident, disease, etc. requiring hospital treatment, and the defendant received insurance money of KRW 3,603,040 in total from the defendant.

B. (1) Determinations are large number of policyholders.

arrow