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(영문) 광주지방법원순천지원 2017.06.13 2016가단72041
보험계약무효확인 등
Text

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

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

Reasons

1.Basics

A. On March 13, 2008, the Plaintiff entered into an insurance contract (1) in the attached Form (1) (hereinafter “instant insurance contract (1)”) with Defendant A as the insured. On December 31, 2008, the Plaintiff entered into an insurance contract (2) in the attached Form (2) (hereinafter “instant insurance contract”) with Defendant A as the insured with Defendant A as the insured on December 31, 2008.

B. From February 23, 2009 to March 31, 2009, Defendant A received hospitalized treatment for a total of 390 days from March 30, 2015, including being hospitalized at C Hospital and D Hospital as “sical signboards.” Defendant A received KRW 42,068,808, total insurance proceeds from the Plaintiff during the period from April 15, 2009 to April 6, 2015.

C. From August 1, 2009 to August 10, 2009, Defendant B received hospitalized treatment for 94 days in total among March 16, 2015, including the fact that he/she was hospitalized in Gangnam-gu Hospital as “eroat” and received 6,867,630 won in total from the Plaintiff during the period from August 12, 2009 to April 7, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (if available, including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The alleged Defendants concluded the instant insurance contract with the intent to illegally acquire insurance proceeds through multiple insurance contracts, and thus, the instant insurance contract is null and void in violation of Article 103 of the Civil Act.

Therefore, the Defendants are obligated to return the insurance money paid to the Plaintiff according to the instant insurance contract to unjust enrichment.

나. 인정사실 1) 이 사건 보험계약을 전후하여 피고 A를 피보험자로 하여 체결된 보험계약의 현황은 아래 표 기재와 같다. 보험회사 상품명 청약일자 입원일당 월보험료 1 KDB생명 (무 뛰뛰빵빵 상해보험 2000. 2. 18. 상해2만원 24,200 2 롯데손해 무배당장기종합뉴마임홈클리닉건강보험...

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