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(영문) 광주지방법원순천지원 2017.05.11 2015가단78318
보험계약무효확인 등
Text

1. It is confirmed that an insurance contract entered in the separate sheet (1) signed between the Plaintiff and the Defendant C is null and void.

2. The plaintiff.

Reasons

1. Basic facts

A. On October 7, 2008, the Plaintiff entered into an insurance contract with Defendant A as “the insured or beneficiary other than death: A; however, on February 7, 2014, as indicated in the attached Table 1 (hereinafter “instant insurance contract”); and on August 7, 2014, changed the policyholder’s death and the beneficiary other than death to Defendant C, respectively.

B. The insurance contract of this case includes compensation of KRW 30,00 per day of hospitalization within the limit of 180 days where Defendant A received hospitalized treatment due to injury, and KRW 30,00 per day of hospitalization within the limit of 180 days where Defendant A received hospitalized treatment due to disease.

C. On December 4, 2008, Defendant A was hospitalized for 27 days from December 5, 2008 to December 31, 2008, and was hospitalized for 1,217 days from March 11, 2016. Defendant A received insurance money of 49,437,986 won from January 8, 2009 to July 22, 2014, and Defendant C received insurance money of 3,470,000 won (the amount of insurance money of 60,000 won on September 17, 2014).

[Ground of recognition] Facts without dispute, Gap evidence 1 to Gap evidence 4, Eul evidence 16, purport of 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 refund the amount equivalent to the insurance money received according to the instant insurance contract to the Plaintiff as unjust enrichment.

B. Where a policyholder entered into an insurance contract with a view to unjust acquisition of insurance proceeds through a large number of insurance contracts, the payment of insurance proceeds under an insurance contract concluded for this purpose would not only lead to the deviation of social reasonableness by encouraging speculative spirit to gain unjust profits by abusing the insurance contract, but also reasonable risks.

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