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(영문) 대법원 2017.04.07 2014다234827
계약무효확인등
Text

All appeals are dismissed.

The costs of appeal are assessed against the Defendants.

Reasons

The grounds of appeal are examined.

1. Where a policyholder concludes an insurance contract for the purpose of unjust acquisition of insurance money through multiple insurance contracts, the insurance contract shall be null and void in violation of good morals and other social order under Article 103 of the Civil Act;

The reason why insurance money is paid in accordance with such insurance contracts is not only a deviation from social reasonableness, but also a deviation from the purpose of the insurance system, such as reasonable diversification of risks, destruction of the contingent nature of risks, and destruction of the foundation of the insurance system by causing the sacrifice of many people of good insurance policy.

In addition, even if there is no evidence to directly acknowledge whether a policyholder has concluded multiple insurance contracts for the purpose of illegally acquiring insurance proceeds, such purpose may be ratified based on the overall circumstances, such as the occupation and financial status of the policyholder, the timing and circumstances leading up to the conclusion of multiple insurance contracts, the scale and nature of the insurance

(2) In light of the fact that an insurance policyholder entered into an excessive insurance contract to pay a large amount of insurance premium on a regular basis to the extent that it is difficult for the insurance policyholder to pay in light of his/her own economic condition, such as his/her own income, etc., the circumstance that a large number of insurance have been intensively subscribed despite having no reasonable grounds to subscribe to a large number of insurance in a short period, unlike the process of entering into an insurance contract, such as solicitation by an insurance solicitor, etc., the circumstances that actively entered into an excessive insurance contract by a person, unlike the process of entering into an insurance contract, actively entered into an insurance contract such as solicitation by an insurance solicitor, and paid a large number of revenues as the insurance premium. The fact that a large number of insurance contracts, which are having the characteristic of security, other than

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