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(영문) 서울중앙지방법원 2018.05.17 2017가합528061
보험에관한 소송
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On July 19, 2007, the Green Damage Insurance Co., Ltd. concluded an insurance contract indicated in attached Table 1 (hereinafter “instant insurance contract”) with the Defendant as the insured. On May 3, 2013, the Plaintiff acquired from the Green Damage Insurance Co., Ltd. various insurance contracts, including the instant insurance contracts, by means of a decision to transfer contracts by the Financial Services Commission.

(hereinafter referred to as the “Plaintiff”) by combining the said Green Damage Insurance Co., Ltd and the Plaintiff.

The Defendant received hospitalized treatment (293 days in total) as shown in attached Table 2 between December 25, 2007 and December 23, 2014, and received total KRW 93,378,082 from the Plaintiff according to the insurance contract of this case.

C. The details of the contract currently maintained among the insurance contracts concluded by the defendant as the policyholder or the insured are as shown in the attached Table 3.

[Ground of recognition] Facts without dispute, Gap evidence 2, 3, Gap evidence 4-1 through 5, Gap evidence 5, and 6, the director of regional headquarters of the National Health Insurance Corporation, the director of regional headquarters of the National Health Insurance Corporation, the result of each fact-finding response to the President of the Korea Credit Information Agency, the purport of the whole pleadings

2. Judgment as to the main claim

A. The gist of the Plaintiff’s assertion is that the Defendant subscribed to a majority of the insurance products that cover temporary living expenses in the event of hospitalized treatment similar to the instant insurance contract. Accordingly, the Defendant paid an excessive amount of insurance premiums in light of economic circumstances, and received a large amount of insurance money from the insurance companies including the Plaintiff. In particular, after the conclusion of the instant insurance contract, the Defendant received hospitalized treatment for 293 days on the ground of serious side effects and injury or disease not subject to legacy even if it did not suffer from serious side effects or surgery. As such, the instant insurance contract was concluded by the Defendant for the purpose of illegally acquiring insurance money, and thus, is null and void against good morals and other social order stipulated in Article 103 of the Civil Act

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