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(영문) 인천지방법원 2016.12.09 2015가합52462
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 August 28, 2008, the Appointor B concluded an insurance contract in attached Form 2 (hereinafter “instant insurance contract”) with the Plaintiff and the insured as Defendant (Appointed Party; hereinafter “Defendant”) A (hereinafter “Defendant”).

B. On January 25, 2012, Defendant A received insurance proceeds of KRW 17,801,887, as stated in the details of the receipt of attached Form 3 insurance proceeds from the Plaintiff from October 7, 2011 to January 7, 2015 on the grounds of hospitalization, surgery, etc., as well as hospitalization for 25 days at D Council members located in Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, on the grounds of “a cromatic salt and tension.”

C. Upon delegation by Defendant A, around March 2015, Defendant A hospitalized Defendant A in E Hospital due to alcohol-liver diseases, etc. from March 12, 2015 to March 25, 2015, and claimed insurance proceeds.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Gap evidence 4-1 to 14, Gap evidence 17, the purport of the whole pleadings

2. In light of the Plaintiff’s assertion that multiple insurance contracts were concluded with Defendant A as the insured prior to and after the conclusion of the instant insurance contract, and that Defendant A received long-term and repeated hospitalized treatment despite the need for hospitalization, etc., it is difficult to view the instant insurance contract to be aimed at preparation for a pure risk to life, body, etc., and that it was concluded for the purpose of unfairly acquiring insurance proceeds, and thus ought to be deemed null and void under

Since Defendant A’s insurance proceeds of KRW 17,801,887 paid by the Plaintiff according to the instant insurance contract that is null and void, Defendant A shall pay this money and its delay damages to the Plaintiff, as it acquired without any legal cause.

Even if the insurance contract of this case is not null and void, the defendant A is excessively hospitalized for 200 days even though it does not require hospitalization, and thus, the insurance amount of 10,000,000 won per the day of hospitalization from the plaintiff [=50,000 won per the day of injury and disease hospitalization x 200 days].

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