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(영문) 대구지방법원경주지원 2015.10.20 2015가단10335
보험계약무효확인 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On January 18, 2005, the Defendant concluded an insurance contract with the Plaintiff with the same content as the indication of the insurance contract in attached Table 1 (hereinafter “instant insurance contract”).

B. On April 4, 2005, the Defendant received KRW 4,270,00 as insurance money from the Plaintiff, and received KRW 85,490,00 as insurance money under the instant insurance contract, since the Defendant received hospitalized treatment at several medical institutions in a total of 67 times from that to September 6, 2010.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. The plaintiff's assertion that the defendant concluded the insurance contract of this case with the plaintiff on January 18, 2005 and entered into a pure guarantee insurance contract with a large number of insurance companies around that time. Finally, after entering into the insurance contract, the insurance contract of this case was hospitalized in several hospitals and received a large amount of insurance money for treatment, and received a large amount of insurance money. In light of the above circumstances, it is clear that the insurance contract of this case was concluded with the defendant for the purpose of unjust acquisition of insurance money through multiple insurance contracts. Thus, it is invalid against good morals and other social order under Article 103

Therefore, under the premise that the Plaintiff’s confirmation of invalidity of the instant insurance contract and the Defendant’s repayment of the amount equivalent to KRW 85,490,000 for unjust enrichment received from the Plaintiff in accordance with the instant insurance contract that is null and void, and that the instant insurance contract is valid, the Plaintiff sought a total of KRW 3,310,000 from March 22, 2006 to December 27, 2007, and then sought payment of KRW 820,000 for the remainder of the terms and conditions loans, excluding KRW 2,490,000, paid by the Defendant.

3. Determination on the cause of the claim

(a) Where a policyholder concludes an insurance contract with a view to unjust acquisition of insurance proceeds through multiple insurance contracts, insurance proceeds are covered by the insurance contract concluded for this purpose.

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