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(영문) 부산지방법원 2018.01.09 2016가단340463
부당이득금
Text

1. The insurance contract entered in the Appendix 1 List concluded between the Plaintiff and the Defendant is invalid.

2. The defendant.

Reasons

1. Basic facts

A. On December 28, 2009, the Plaintiff entered into an insurance contract with the Defendant on December 28, 2009, with the content that the Defendant was paid a hospitalization allowance, etc. from the Plaintiff when the insured was determined as the beneficiary of the insurance money other than death and the insured was hospitalized for an injury or disease (hereinafter “instant insurance contract”).

B. From April 27, 2010 to May 17, 2010, the Defendant received hospitalized treatment from B 21 days from the Plaintiff, as stated in the attached Table 2 until December 26, 2015, for 21 days, on the ground that he/she was hospitalized in B, on the ground of salt, tension, etc. of the bones of the bones of wood.

The Defendant received total KRW 60,095,709,000,000 from the Plaintiff as insurance money for the above hospitalized treatment according to the instant insurance contract.

C. Meanwhile, before and after the conclusion of the instant insurance contract, the insurance contract that the Defendant concluded with the insurance company including the Plaintiff and the Defendant as the beneficiary of the non-life insurance, and the details of monthly insurance premiums, daily allowances for hospitalization, and insurance money paid accordingly are as shown in the attached Table 3.

[Reasons for Recognition] Facts without dispute, Gap 1, 2, 5, 6, and Eul 1 (including the number of branch offices), the whole purport of the arguments, as a result of each order to submit financial transaction information to Samsung Life Insurance Co., Ltd., K non-Life Insurance Co., Ltd., and M non-life insurance Co., Ltd.

2. Determination on the cause of the claim

A. Where a policyholder entered into an insurance contract with intent to illegally acquire insurance proceeds through multiple insurance contracts with respect to a claim to confirm the invalidity of an insurance contract, the payment of insurance proceeds pursuant to an insurance contract concluded for this purpose would encourage speculative spirit to gain unjust profits by abusing the insurance contract, thereby deviating from the social reasonableness, and also undermine the purpose of the insurance system, such as reasonable diversification of risks, and cause risks.

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