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(영문) 수원지방법원 안산지원 2018.02.08 2017가합7559
부당이득금
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 April 16, 2010, the Plaintiff concluded an insurance contract with the Defendant as the insured on the attached Table 1 (hereinafter “instant insurance contract”).

B. From June 12, 2012 to November 24, 2014, the Defendant received hospitalized treatment (173 days in total) as shown in the attached Table 2, and received KRW 6,566,800 in total from the Plaintiff according to the instant insurance contract.

C. Meanwhile, from December 21, 200 to September 3, 2013, the instant insurance contract, which was concluded by the Defendant as the insured by himself/herself or his/her children, was excluded from cancer insurance and pension insurance, the content and nature of which cannot be deemed similar.

The details of the list are as shown in the attached Table 3 list.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 4 (including branch numbers in case of additional numbers), the fact inquiry results of this court's fact inquiry into the National Health Insurance Corporation, the purport of the whole pleadings

2. At the time of concluding the instant insurance contract with the Plaintiff, the Defendant concluded multiple insurance contracts whose coverage is similar to that of the instant insurance contract with another insurance company, paid excessive insurance premiums compared to that of the instant insurance contract, and received a large amount of insurance proceeds from multiple insurance companies including the Plaintiff, after repeatedly hospitalized and receiving treatment.

In light of these circumstances, the instant insurance contract was concluded by the Defendant for the purpose of illegally acquiring insurance proceeds through multiple insurance contracts, and thus is null and void in violation of good morals and social order stipulated in Article 103 of the Civil Act. Furthermore, the Defendant is obligated to return unjust enrichment equivalent to KRW 6,566,800 of the insurance proceeds paid to the Plaintiff according to the instant

3. Determination

A. Where a policyholder of the relevant legal doctrine concludes an insurance contract with a view to unjust acquisition of insurance proceeds through multiple insurance contracts, the insurance contract concluded for this purpose.

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