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1. It is confirmed that an insurance contract entered in the Schedule 1 Insurance Contract is null and void;
2. The Defendant shall pay to the Plaintiff KRW 99,758,819.
Reasons
1. Basic facts
A. On April 7, 2009, the Defendant concluded an insurance contract (hereinafter “instant insurance contract”) with the Plaintiff and the Defendant as the insured as indicated in the attached Table 1 insurance contract. This includes a special clause under which the Defendant is compensated for KRW 30,000 per day of hospitalization when receiving hospitalized treatment due to an injury or disease.
B. After entering into the instant insurance contract, the Defendant received insurance proceeds totaling KRW 99,758,819,00 from the Plaintiff by July 7, 2014 in accordance with the instant insurance contract, on the ground that the Defendant received hospitalized treatment for approximately 833 days in a total of 55 occasions as shown in the attached Form 2 from C oriental medical hospital, D hospital, etc., and received hospitalized treatment for about 833 days during the period from December 12, 2009 to August 4, 2014, for the reasons of the relevant hospitalized treatment, etc.
C. During the period from April 2, 1998 to February 25, 2010, the Defendant concluded a approximately seven insurance contract that is similar to the insurance contract of this case and the coverage of this case and received approximately KRW 154,289,036 for the purpose of hospitalization expenses, including the amount paid by the Plaintiff. The details are as shown in the attached Table 3 insurance coverage.
The defendant has no details of payment of local taxes between 2007 and 2011, and the tax authorities reported business income of 298,000 won in 207, 1,441,000 won in 208, 1,369,000 won in 209, 1,143,000 won in 201, and 340,000 won in 201.
E. On July 21, 2017, the Defendant was indicted as the charge that the Defendant acquired insurance proceeds from the insurance companies, including the Plaintiff, by 2017Da3002, and is currently pending trial.
[Reasons for Recognition]: The absence of dispute, significant facts in this Court, Gap 1 through 5 (including each number; hereinafter the same shall apply), the result of the order to submit each financial transaction information about the KDB Life Insurance Co., Ltd., and the KB Damage Insurance Co., Ltd., the Gwangju Tax Office of this Court;