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(영문) 창원지방법원 2015.09.24 2014가합35167
계약무효확인 및 부당이득금반환
Text

1. The insurance contract concluded between the Plaintiff and the Defendants is invalid.

2. The defendants are the defendants.

Reasons

1. Basic facts

A. On July 27, 2010, the Plaintiff entered into the instant insurance contract with Defendant B (hereinafter “instant insurance contract”). The main contents of the instant insurance contract include: (a) monthly insurance premium of KRW 34,430; (b) the insured as Defendant A and the beneficiary; and (c) the insured, as Defendant B, paid KRW 20,000 per day of hospitalization where the insured was hospitalized in a hospital due to an injury accident; and (d) KRW 40,00 per day of hospitalization where the patient was hospitalized in a hospital and received treatment for a disease; and (b) the Plaintiff paid KRW 40,00 per day of hospitalization as insurance proceeds.

B. Defendant A, who received a diagnosis from June 13, 2012 to June 26, 2012 under the framework of 14-day in the bones of the bones of the Plaintiff’s hospitalization and the Plaintiff’s insurance proceeds, received hospital treatment from Caryaryaryaryary, Caryaryary, and as indicated in attached Table 2, 19 times in total from June 13, 2012 to October 29, 2014, as indicated in attached Table 2, was hospitalized for 302 days, and Defendant B received KRW 11,60,000 insurance proceeds from the Plaintiff according to the insurance contract of this case.

C. The status of the conclusion of each of the instant insurance contracts by Defendant A and the insurance contracts concluded between August 2008 and October 2012, which were before and after the instant insurance contracts, as the insured by Defendant A are listed in attached Table 3, and each of the instant insurance contracts is similar in its content and nature to the instant insurance contracts.

Defendant A received insurance proceeds of KRW 358,124,829 in total from each of the above insurance companies.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 6, Eul evidence 1 to 1 (including paper numbers), each of the statements in this court's ELA Insurance Co., Ltd., Eul Life Insurance Co., Ltd., Eul Life Insurance Co., Ltd., Native Life Insurance Co., Ltd., Korea Life Insurance Co., Ltd., Korea Life Insurance Co., Ltd., Ltd., Korea Life Insurance Co., Ltd., Agricultural Co., Ltd., Mative sports insurance Co., Ltd., Ltd.

2. Determination on the claim to nullify the invalidity of the insurance contract of this case

A. Relevant legal principles.

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