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(영문) 서울서부지방법원 2019.06.27 2018가단233764
계약무효확인 등
Text

1. It is confirmed that each mutual aid agreement between the plaintiff and the defendant B is invalid.

2. Defendant C is the Plaintiff 27.

Reasons

1. Basic facts

A. On February 7, 2005 and July 12, 2006, Defendant B concluded each insurance contract between the Plaintiff and the insured and the Defendant C, who is his father at the time of injury or hospitalization, with himself as the insured and the beneficiary of injury or hospitalization, as indicated in attached Table 1 (hereinafter “each insurance contract of this case”).

Each of the insurance contracts of this case includes a special agreement that guarantees only KRW 1 million per day (based on the amount to be admitted to a special agreement) if the insured is hospitalized for at least four days due to a disaster, and KRW 1 million per day if he/she is hospitalized for at least four days due to a disease (based on the amount to be admitted to a special agreement), and KRW 1 million per day if he/she is hospitalized for at least four days.

B. After entering into the instant insurance contract, Defendant B was hospitalized for 458 days from the date on January 31, 2009, under the name of “pathy and human slopings, slopings, salteds, and tensions,” the Defendant B was hospitalized for 13 days from January 31, 2009 to July 20, 2015 under the name of “pathy and human slopings, salteds, and tensions, and human slopings, salteds, and tensions, and slopings and human slopings of the parts of the instant insurance contract, and was hospitalized for 458 days from the date on which he was hospitalized until February 12, 2009.

The Plaintiff paid insurance proceeds of KRW 27,307,897, as shown in the attached Table 2 list, to Defendant C on the ground of the foregoing insured incident.

C. From May 16, 1994 to January 16, 2009, the content of the insurance contract that Defendant B entered into with its own or his/her parent C under the name of his/her own or his/her parent is as follows, and the total amount of insurance proceeds that Defendant B or his/her agent D received from each insurance company due to the following insurance contracts reaches KRW 511,061,152 in total.

No. 1 E 1 E 194-05-16 F 327,950 10,000 10,000 2,107,020 G 2 G 1999-12-30 20,000 H 39,000 20,000 18,860,000 3 I 2000 39,000 20,000 18,860,000 3 I 200-03-09

J. 56,400 30,000 30,000 35,607,852 4 K 2002-03-05 L 170,300,300 30,000 30,003.

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