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(영문) 전주지방법원 2018.09.06 2017가합1874
보험에관한 소송
Text

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

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

Reasons

1. Basic facts

A. On October 29, 2007, the Plaintiff and the Defendant concluded an insurance contract with the same content as the attached Form (hereinafter “instant insurance contract”).

B. From January 1, 2005 to July 1, 2017, the Defendant excluded a total of 15 insurance contracts with various insurance companies including the Plaintiff, and a total of 15 travel contracts and driver insurance contracts, and the I contracts entered into with H on February 14, 2007 are deemed one case.

The following table is the insurance contracts, which are maintained normally, and are paid monthly insurance premiums by the plaintiff.

On January 16, 2017, 15,00 won 2 EF 2 E 10,410 won on February 22, 2010, 2010, 3 EG 47,227 won on July 22, 2008 (Plaintiff) J 4 A (Plaintiff) 5 H 5,000 won on October 29, 207, 14, 121,70 won on February 14, 2007, 6 K L L 348,337 won on August 16, 206.

C. The Defendant received total of KRW 146,560,847 from the insurance companies including the Plaintiff from January 1, 2005 to July 14, 2017.

The Defendant hospitalized 6 days from March 7, 2008 to March 12, 2008 and hospitalized 480 days in total over 36 times from 2008 to 2016 as stated in the attached insurance contract, and received total amount of KRW 79,250,541 from the Plaintiff according to the instant insurance contract.

[Ground of recognition] The non-contentious facts, Gap evidence 1, 2, Eul evidence 2, Eul evidence 2, the court's response to each order to submit financial transaction information to M and N, the purport of the whole pleadings

2. The plaintiff's assertion

A. The insurance contract of this case, unlike the conclusion of the insurance contract, is concluded for the purpose of the defendant to acquire the insurance money unlawfully. Thus, the insurance contract of this case is null and void as an act contrary to good morals and social order under Article 103 of the

Therefore, the defendant is obligated to refund the insurance money paid by the plaintiff due to the return of unjust enrichment of KRW 79,250,541 and damages for delay.

B. The instant insurance contract for preliminary claim constitutes a continuous contract, and the Defendant’s unnecessary.

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