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(영문) 광주고등법원 2017.03.24 2016나12709
부당이득금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are as follows, except for the partial dismissal of the reasons for the judgment of the court of first instance from the following “the second instance portion” to the reasoning for the judgment of the court of first instance, and thus, they are cited by the main sentence of Article 420 of

2. The part of the judgment of the court of first instance concerning the “determination on the cause of claim 3.3.” is reversed as follows.

3. Determination as to the cause of action

A. Where a policyholder concludes an insurance contract for the purpose of unjust acquisition of insurance money through a large number of insurance contracts, the payment of insurance money under an insurance contract concluded for this purpose would be in deviation from social reasonableness by encouraging speculative spirit to gain unjust profits through abuse of insurance contracts, and also would undermine the purpose of the insurance system, such as reasonable diversification of risks, destroying the contingencyness of risks, and causing the sacrifice of a large number of subscribers, thereby impairing the foundation of the insurance system. Such insurance contract is null and void against good morals and other social order under Article 103 of the Civil Act.

On the other hand, even if there is no evidence to directly acknowledge whether a policyholder has concluded multiple insurance contracts for the purpose of illegally acquiring the insurance proceeds, such purpose may be ratified based on all the circumstances, including the occupation and property status of the policyholder, background leading to the conclusion of multiple insurance contracts, scale of the insurance contracts and circumstances after the conclusion of

(See Supreme Court Decision 2009Da12115 Decided May 28, 2009). B.

Taking into account the following circumstances, the evidence mentioned above, together with the descriptions of the evidence set forth in the first instance and the evidence set forth in the evidence set forth in the above subparagraphs 1 through 6, the first instance and the National Health Insurance Corporation, the Young-gu Reading Hospital, the G oriental medical hospital, the H oriental medical hospital, the I Hospital, the I Hospital, the J Hospital, the K Hospital, the K Hospital, and the purport of the entire pleadings.

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