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(영문) 광주지방법원순천지원 2016.10.21 2015가단73238
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. In order to unlawfully acquire insurance money without economic ability to pay the insurance money, the Defendant alleged that the content of each of the instant insurance contracts is similar to, or overlap with, the content of each of the instant insurance contracts, and received false or excessive hospitalized treatment for a considerable period of time due to a disease eligible for medical treatment, and received KRW 10,153,113 from the Plaintiff.

Therefore, each insurance contract of this case is null and void because it violates good morals and other social order, and the defendant shall return the above insurance money illegally obtained to the plaintiff.

2. Determination

A. According to the statements in Gap evidence Nos. 1 through 4 (including paper numbers) and the response to the order to submit financial transaction information of this court, the defendant, on May 13, 201, entered into an insurance contract with the future three life insurance company (hereinafter "US") as the insured on May 13, 201, and entered into an insurance contract with the defendant as the insured on May 13, 201, and maintained 10 insurance contracts covering 409,960 won per month including each of the insurance contracts of this case as of the date of closing argument of this case as shown in the attached Table. The insurance contracts, the daily admission day of which is guaranteed among the above 10 insurance contracts, are five, up to a total of 150,00 won per day of hospitalization, the defendant received hospital treatment for 199 days between March 28, 201 and February 10, 2015; the defendant is recognized as having received hospital treatment from the plaintiff 10,15313,1300,3000G,100

B. However, in light of the following circumstances that are acknowledged by comprehensively considering the overall purport of arguments in each of the evidence and evidence set forth above and the evidence set forth in Nos. 1 through 8 and No. 10 through 13 (including paper numbers), the Defendant concluded each of the instant insurance contracts with a view to unlawful acquisition of insurance proceeds.

(2) the amount of the financial investment business;

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