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(영문) 광주지방법원순천지원 2015.03.25 2014가합14932
보험에관한 소송
Text

1. The insurance contract concluded between the plaintiff and the defendant is invalid.

2. The defendant March 2, 200

Reasons

1. Indication of claim;

A. On March 22, 2010, the Plaintiff and the Defendant concluded an insurance contract indicated in the separate sheet (hereinafter “instant insurance contract”) that contains the content guaranteeing daily allowances for injury or hospitalization of disease (hereinafter “instant insurance contract”).

B. On May 15, 2010, the Defendant began to receive hospital treatment for 12 days due to salt dye, etc., and received hospital treatment for 138 days in total due to the 11-type accident up to that day, and received 3,450,000 won of the insurance money from the Plaintiff according to the insurance contract of this case.

C. However, in light of the fact that at the time of entering into the instant insurance contract with other insurance companies, the Defendant concluded multiple insurance contracts that contain the content that guarantees daily allowances for injury or disease hospitalization, and did not notify the Plaintiff of such fact, repeated hospitalization and discharge due to symptoms similar to the period of hospitalization and hospitalization, and the amount of insurance proceeds received from the Plaintiff and other insurance companies, etc., the Defendant concluded the instant insurance contract with the intention of forging the insurance accidents rather than purely in preparation for risk against pure life, body, etc., or unfairly acquiring the insurance proceeds by exaggeration the degree thereof.

Therefore, since the instant insurance contract is in violation of good morals and other social order and null and void pursuant to Article 103 of the Civil Act, the Plaintiff is sought confirmation. The Defendant is obligated to pay damages for delay at the rate of 20% per annum from February 3, 2015 to the day of full payment, which is the day following the delivery date of a copy of the instant complaint, to the day of complete payment.

2. Judgment with no ground for recognition (Article 208 (3) 1 and the main sentence of Article 257 (1) of the Civil Procedure Act);

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