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(영문) 창원지방법원 2017.11.02 2016가합55851
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. Facts of premise;

A. On September 18, 2008, the Defendant concluded an insurance contract with the Plaintiff listed in the separate sheet No. 1 (hereinafter “instant insurance contract”) (hereinafter “instant insurance contract”). The content of the instant insurance contract includes the payment of KRW 40,000 per day of hospitalization as a general injury, and KRW 20,000 per day of hospitalization as a disease.

B. After entering into the instant insurance contract, the Defendant received KRW 121,334,771 from the Plaintiff on the ground that the Defendant was hospitalized for 1,333 days from November 3, 2008 to November 2, 2015, including the details of payment of the insurance proceeds in attached Form 2.

C. The insurance contract, other than the instant insurance contract, confirmed as having subscribed as the insured is indicated in the following table, and the Defendant received KRW 414,126,449 as the insurance money under the following insurance contract from December 2008 to January 2016:

(B) The term “stock company” is omitted at the time of entry of the name of the insurance company. The insurance company’s product name / contractor / the insured’s monthly insurance premium (won) 1206-02 AIDa Life Insurance 3 A/ A 43,680,00 208-01-25 KB damage Insurance G-LIFE insurance/ A 17,800 3208-06-03 2008-06-12, but only 4208-07-15, 208-07-15, 3200, 300 A-200,000 A-30,000 A-30,000 A-30,000 per 30,000 per 390,000 per 390,000 per day of hospitalization, 308-7,000 per 390,000 A-7.

D. M&T is invalid on the ground that the insurance contract Nos. 6, which was concluded with the Defendant by Busan District Court 2013da2247999, is invalid against good customs and other social order under Article 103 of the Civil Act.

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