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1. It is confirmed that an insurance contract entered in the separate sheet between the Plaintiff and the Defendant (Appointed Party) is invalid.
2...
Reasons
1. Facts of recognition;
A. On December 26, 2006, the Plaintiff entered into an insurance contract in the separate sheet (hereinafter “instant insurance contract”) with the Defendant (appointed party, hereinafter “Defendant”) and the father D (after that, the policyholder was changed from the appointed party) as the beneficiary at the time of the insured, maturity and injury (the beneficiary was changed from the appointed party to the Defendant at the time of maturity and injury).
B. From June 6, 2008 to July 26, 2016, the Selection was hospitalized in E Hospital, etc. on 37 occasions, such as the period of hospitalization of the Selection and the Plaintiff’s payment table, and the Plaintiff’s insurance money payment table, and the Defendant and the Selection claimed insurance money from the Plaintiff. During the period from June 18, 2008 to July 27, 2016, the Plaintiff paid insurance money of KRW 40,649,391 (26,393,367, and KRW 14,256,024 to the Defendant) as indicated in the above table.
C. On the other hand, the defendant, the designated parties, and D concluded an insurance contract with the insurer as the designated parties as the insured after the conclusion of the instant insurance contract, as described in the attached Table as the insured. Accordingly, the defendant, the designated parties, and the D received the insurance proceeds of KRW 370,198,401, including the insurance proceeds of KRW 40,649,391 paid by the plaintiff.
[Ground of recognition] Facts without dispute; Gap 1-1, 2, Gap 2, 3, and 4; F Co., Ltd.; G Co., Ltd.; H Co., Ltd.; H Co., Ltd.; J Co., Ltd.; K Co., Ltd.; L Co., Ltd.; M Co., Ltd.; N Co., Ltd.; and the purport of the whole pleadings as a result of their response to each order
2. The Defendant and the selector, before and after the conclusion of the instant insurance contract, concluded a number of insurance contracts with similar coverage including the instant insurance contract, and at the time, the Defendant and the selector.