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(영문) 부산지방법원 2014.11.07 2013가단236136
부당이득금
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 May 31, 2010, the Defendant entered into an insurance contract with the Defendant listed in the separate sheet (hereinafter “instant insurance”).

B. Following the conclusion of the instant insurance contract, the Defendant was hospitalized for 22 days via 272 days from January 25, 2012 to November 4, 2013, and was paid KRW 54,849,665 in total from the Plaintiff.

C. Long-term security insurance contracts and their contents maintained by the Defendant at the time of the conclusion of the instant insurance contract are as indicated in the attached Table of the “Defendant Subscription Guarantee Insurance Contract,” and the aggregate of the aforesaid nine monthly insurance premiums is KRW 427,479.

[Ground of recognition] without any dispute, Gap 1 through 7, Eul evidence, Eul Council members, National Health Insurance Corporation, Dongbu Fire Insurance Corporation, Dongyang Life Insurance Corporation, Eul Life Insurance Co., Ltd., Korea Life Insurance Co., Ltd., LAB Life Insurance Co., Ltd., LAB Life Insurance Co., Ltd., Nonghyup Life Insurance Co., Ltd., Korea Post, Postal Co., Ltd., Korea Post, and UN Nonghyup Damage Insurance

2. The plaintiff's assertion and judgment

A. The plaintiff's assertion that the defendant concluded the insurance contract of this case for the purpose of unfairly acquiring insurance money through multiple insurance contracts, and the insurance contract of this case is null and void against good morals and other social order under Article 103 of the Civil Code.

Therefore, there is no obligation of the Plaintiff to pay the instant insurance money to the Defendant, and accordingly, the Defendant is obligated to return 54,849,665 won of the insurance money paid by the Plaintiff after the conclusion of the instant insurance contract to the Plaintiff as unjust enrichment.

B. In the event that a policyholder entered into an insurance contract with a view to wrongfully acquiring insurance proceeds through a large number of insurance contracts, allowing the payment of insurance proceeds under an insurance contract concluded for this purpose is a speculative spirit that seeks to gain unjust benefits by abusing the insurance contract.

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