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(영문) 서울중앙지방법원 2020.09.09 2019나70034
보험계약무효확인 및 부당이득반환
Text

1. The plaintiff's appeal and the claims extended by this court are dismissed, respectively.

2. This is due to the extension of claims for the costs of appeal.

Reasons

1. Basic facts

A. On August 28, 2008, the Plaintiff entered into an insurance contract with Defendant B as indicated in the separate sheet (hereinafter “instant insurance contract”) with the insured as Defendant B. On July 20, 2012, the policyholder was changed to Defendant C.

B. From December 2, 2008 to July 11, 2018 after the conclusion of the instant insurance contract, the Plaintiff paid KRW 43,951,032 to the Defendants as insurance proceeds, and KRW 11,176,552 from November 29, 2019 to June 26, 2020.

C. The current status of the insurance contract maintained by Defendant B, including the instant insurance contract, among the insurance contracts in which Defendant B is the insured is indicated in the details of the insurance coverage in the attached Form.

The details of insurance money received by Defendant B from another insurance company as the same type of accident as the details of insurance money received by the Plaintiff from the time of closing argument in the first instance trial are KRW 42,256,629, such as the details of receipt of insurance money in the attached Form.

[Based on recognition] Unsatisfy, Gap's 1 through 3, 5 through 7 evidence, Eul's 2 evidence (including Serial numbers; hereinafter the same shall apply), the court of the first instance's D Co., Ltd., E Co., Ltd., F Co., Ltd., and G Co., Ltd., the result of each fact inquiry into H of the court of the first instance, the result of the order to submit documents to H of the court of the first instance, the result of the order to submit documents to H of the court of the first instance, G Co., Ltd. of this court, and the result of each

2. Judgment on the main claim

A. The Defendants alleged by the Plaintiff concluded the instant insurance contract for the purpose of unlawful acquisition of insurance proceeds. As such, the said insurance contract is null and void in violation of good morals and other social order under Article 103 of the Civil Act. Accordingly, Defendant B’s insurance proceeds of KRW 13,43,858 and delay damages therefrom under the said insurance contract null and void, and Defendant C’s KRW 41,693,726 = the first instance court.

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