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(영문) 서울중앙지방법원 2019.05.02 2017가합547369
보험에관한 소송
Text

1. It confirms that the insurance contract entered in the separate sheet concluded between the Plaintiff and the Defendant was terminated on January 24, 2018.

2.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings as set forth in Gap evidence Nos. 1, 2, 3, 5, 6, Gap evidence No. 4-1 to 4, Gap evidence No. 8-1 to 12, and Eul evidence No. 1-2.

On March 6, 2008, the Defendant concluded an insurance contract with C Co., Ltd. as shown in the attached Table as the insured (hereinafter “instant insurance contract”).

B. On May 3, 2013, the Plaintiff acquired the status of insurer of the instant insurance contract pursuant to the FSC C’s decision on the transfer of contract under the Act on the Structural Improvement of the Financial Industry.

C. From June 13, 2008 to November 30, 2016, the Defendant hospitalized the Defendant for a total of 465 days on 21 occasions, as indicated in the “number of days of hospitalization” column, and accordingly, received insurance proceeds of KRW 77,505,437 in total in accordance with the instant insurance contract.

2. Determination on the claim for termination confirmation

A. A continuous contract is based on the trust relationship between the parties. If the trust relationship, which forms the basis of the contract, is destroyed during the existence of the contract, due to a breach of the contractual duty of one of the parties or any other wrongful act, has reached the degree that it is difficult to maintain the contract relationship as it is, the other party may terminate the contract relationship and thereby may terminate

(see, e.g., Supreme Court Decision 2010Da48165, Oct. 14, 2010). B.

In light of the above legal principles, the fact that the Defendant was hospitalized for 245 days even though the Defendant did not need hospital treatment, and the Plaintiff was unfairly paid insurance money of KRW 5,100,000 from the Plaintiff is as follows. It is determined that the trust relationship between the Plaintiff and the Defendant, which forms the basis of the instant insurance contract, due to such unfair act by the Defendant, led to the degree that it is difficult to maintain contractual relationship

C. Therefore, this case.

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