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(영문) 광주지방법원순천지원 2014.12.24 2014가합12257
부당이득반환등
Text

1. It is confirmed that an insurance contract entered in the separate sheet concluded between the Plaintiff and the Defendant is null and void.

2. The defendant.

Reasons

1. Indication of claim;

A. On April 6, 2010, the Defendant entered into an insurance contract on the separate sheet (hereinafter “instant insurance contract”) with Green Damage Insurance Co., Ltd., which contains the content guaranteeing daily allowances for injury or hospitalization of disease, and thereafter, the Plaintiff succeeded to all rights and obligations of Green Damage Insurance Co., Ltd. under the instant insurance contract.

B. From July 8, 2010 to August 2, 2010, the Defendant had been hospitalized for 514 days in total by June 21, 2014. The Defendant paid 2,8470,000 won to the Defendant according to the insurance contract of this case, to the Defendant, for 26 days, the sum of 2,847,00 won was paid to the Defendant according to the instant contract.

C. However, in light of the fact that at the time of entering into the instant insurance contract with other insurance companies, the Defendant concluded multiple insurance contracts that contain the content that guarantees daily allowances for injury or disease hospitalization, and did not notify the Plaintiff of such fact, repeated hospitalization and discharge due to symptoms similar to the period of hospitalization and hospitalization, and the amount of insurance proceeds received from the Plaintiff and other insurance companies, etc., the Defendant concluded the instant insurance contract with the intention of forging the insurance accidents rather than purely in preparation for risk against pure life, body, etc., or unfairly acquiring the insurance proceeds by exaggeration the degree thereof.

Therefore, since the instant insurance contract violates good morals and other social order and becomes null and void pursuant to Article 103 of the Civil Act, the Plaintiff is sought confirmation. The Defendant seeks confirmation from the total amount of insurance proceeds received under the instant insurance contract that is null and void for the Plaintiff, and from October 15, 2014, the day following the delivery date of a copy of the instant complaint to the day of complete payment.

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