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(영문) 대전고등법원 2015.08.21 2014나13660
부당이득금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The court's explanation on this part of the facts of recognition is identical to the corresponding part of the reasoning of the judgment of the first instance, and thus cite it as it is in accordance with Article 420 of the Civil Procedure Act.

2. Plaintiff’s assertion and judgment

A. The gist of the Plaintiff’s assertion is that the instant insurance contract was concluded with multiple insurance companies for the purpose of unfairly acquiring insurance proceeds by being hospitalized for a long time, even though the Defendant did not need to enter into multiple insurance contracts, and thus, constitutes a juristic act contrary to good morals and social order under Article 103 of the

Therefore, it is confirmed that the instant insurance contract between the Plaintiff and the Defendant is null and void, and the Defendant is obligated to pay the Plaintiff a total of KRW 16,077,242, and delay damages therefrom, as the return of unjust enrichment.

B. 1) Where a policyholder concludes an insurance contract for the purpose of unjust acquisition of insurance proceeds through multiple insurance contracts, the payment of insurance proceeds pursuant to an insurance contract concluded for this purpose would be deviating from social reasonableness by inducing speculative spirit to gain unjust profits through abuse of insurance contracts. Moreover, the purpose of the insurance system, such as reasonable diversification of risks, destroying the contingentness of risks, and causing the sacrifice of numerous subscribers, thereby impairing the foundation of the insurance system. Thus, such insurance contract is null and void against good morals and other social order under Article 103 of the Civil Act (see Supreme Court Decision 2005Da23858, Jul. 28, 2005). In addition, even if there is no direct evidence to acknowledge whether a policyholder concludes a multiple insurance contract for the purpose of unjust acquisition of insurance proceeds, it is contrary to the good customs and social order under Article 103 of the Civil Act.

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