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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On July 17, 2008, Defendant A entered into an insurance contract with the Plaintiff and attached Form 1 (hereinafter “instant insurance contract”) with Defendant B, the mother of Defendant B, as an insured person.
B. Defendant B received KRW 7,270,000,00 from the Plaintiff as insurance money under the instant insurance contract on the ground that he/she had been hospitalized for 580 days in total, as shown in the attached Table 2, between October 6, 2011 and July 3, 2014.
C. The Defendants did not specify the payment of property tax, and the details reported to the tax authorities on the income are KRW 8,830,323 in 207, KRW 4,858,522 in 2008, KRW 6,261,035 in 209, KRW 570,225 in 207, KRW 570,650 in 207, KRW 10,485,766 in 208, KRW 21,75, KRW 127 in 209, KRW 15,700, and KRW 405, and KRW 405 in the case of Defendant B.
The current status of each insurance contract concluded with Defendant B as the insured is as listed below, and the total sum of insurance proceeds received by Defendant B from the Plaintiff Company and other insurance companies is KRW 248,438,941 (= KRW 6,480,000, KRW 9,960,270,000, KRW 9,960,270, KRW 1,140,000, KRW 153,58,671).
B B B B B B B B B B B [based ground for recognition] dispute, Gap evidence 1 through 3, Eul evidence 1 and 4, each inquiry result of this court, and the results of the inquiry of financial transaction information and the purport of the whole pleadings.
2. The assertion and judgment
A. The Plaintiff’s assertion that Defendant A concluded the instant insurance contract for the purpose of unfairly acquiring insurance proceeds through multiple insurance contracts, not to purely preparing for risks to life, body, etc., and thus, the instant insurance contract is null and void in violation of good morals and other social order under Article 103 of the Civil Act.
Therefore, Defendant B is obligated to refund the insurance money and damages for delay paid pursuant to the insurance contract of this case to the Plaintiff.
B. (1) Determinations (1) the policyholder shall unlawfully acquire insurance proceeds through multiple insurance contracts.