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(영문) 인천지방법원부천지원 2015.02.12 2013가합5601
채무부존재확인
Text

1. The insured events listed in the attached Table 2 list based on the insurance contract between the plaintiff and the defendant are as shown in the attached Table 1.

Reasons

1. Basic facts

A. On June 17, 2010, the Plaintiff, an insurer running the insurance business, concluded an insurance contract of “104 without dividends,” as indicated in the attached Table 1 list, which is the Defendant’s Schedule B and the Defendant as the insured (hereinafter “instant insurance contract”).

B. From August 3, 2011 to October 29, 2011, the Defendant claimed insurance proceeds under the insurance contract of this case from February 3, 2012 to March 5, 2012, from March 9, 2012, from March 9, 2012 to June 25, 2012, for which C Hospital received hospitalized treatment (hereinafter “existing hospitalized treatment”) at C Hospital for 229 days, with each of the relevant protruding flaps, and on October 26, 2012, the Defendant paid 10,400,000 won to the Plaintiff as “inpatient of disease.”

C. In addition, from July 9, 2012 to October 10, 2012, the Defendant again received hospitalized treatment at the pertinent hospital (hereinafter “instant hospital”) with a spared groposis, and filed a claim against the Plaintiff for the insurance proceeds (hereinafter “instant insurance proceeds”) under the said insurance contract.

The major contents of the instant insurance contract are as shown in the attached list 3, and the terms and conditions relating to this case are as listed in the attached list 4.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 4, the purport of the whole pleadings

2. Judgment as to the primary cause of claim

A. The gist of the Plaintiff’s assertion is that the instant insurance contract was concluded by the Defendant for the purpose of illegally acquiring insurance proceeds through multiple insurance contracts, and is null and void against the good customs and other social order stipulated in Article 103 of the Civil Act. Thus, it is confirmed that the Defendant’s obligation to pay the instant insurance proceeds does not exist.

B. In the event that a policyholder concludes an insurance contract with a view to wrongfully acquiring insurance proceeds through multiple insurance contracts, it is unlawful to have the policyholder pay insurance proceeds under the insurance contract concluded for this purpose.

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