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(영문) 광주지방법원순천지원 2016.12.07 2015가단78028
부당이득금 등
Text

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

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

Reasons

1. The following facts are acknowledged as either of the parties to a dispute or as a whole by taking into account the statements in Gap 1 to 3 and the entire purport of the arguments as a result of the response to each order to submit financial transaction information by this Court:

A. On March 6, 2009, the Defendant entered into an insurance contract with the Plaintiff as indicated in the separate sheet (hereinafter “instant insurance contract”). The instant insurance contract includes a special agreement that guarantees 40,000 won per day of hospitalization when the insured is hospitalized due to injury or disease.

B. From October 29, 2009 to September 20, 2014, the Defendant received hospital treatment for 134 days over 11 hours. The Defendant received insurance money of KRW 6,361,928 (including expenses for hospital admission, hospital admission, and hospital expenses for disease, etc.) from the Plaintiff on the ground of the foregoing insured incident.

C. The current status of each insurance contract entered into with the Defendant as the insured is as shown in the attached Table, and the sum of the insurance proceeds received by the Defendant from the Plaintiff and other insurance companies is KRW 40,273,414 (= Plaintiff 6,361,928 won in the East Life Insurance of KRW 2,100,000 in the East Life Insurance of KRW 4,920,000 in the PCB damage insurance of KRW 6,050,000 in the PC insurance of KRW 10,801,486 in the future life insurance of KRW 5,850,00 in the amount of KRW 4,190,00 in the AI life insurance of KRW 10,80 in the future.

2. The assertion and judgment

A. The plaintiff's assertion did not purely provide against risks to pure life, body, etc., but concluded the insurance contract of this case for the purpose of unfairly acquiring insurance proceeds through multiple insurance contracts. In light of the reasons for hospitalization, the period of hospitalization, etc., the defendant repeats excessive hospitalization or false hospitalization.

Therefore, since the insurance contract of this case is null and void in violation of Article 103 of the Civil Code, the confirmation is sought, and the defendant is obligated to return the amount equivalent to the insurance money received under the insurance contract of this case

(b) Determination 1 policyholder concludes an insurance contract with a view to unlawfully acquiring insurance proceeds through multiple insurance contracts.

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