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(영문) 서울남부지방법원 2016.01.29 2014가합115323
보험에관한 소송
Text

1. It is confirmed that each insurance contract entered in the separate sheet No. 1 List concluded between the Plaintiff and the Defendant is null and void.

2. The defendant.

Reasons

1. Basic facts

A. On October 2, 2007, the Plaintiff entered into an insurance contract with the Defendant as an insurer running non-life insurance business, etc. (hereinafter “each of the instant insurance contracts”). On October 2, 2007, the Plaintiff entered into each of the instant insurance contracts with the Defendant as the Defendant.

B. On January 2, 2008, the Defendant claimed the amount of insurance accidents and the amount of insurance proceeds, as shown in the separate sheet No. B, was hospitalized for 13 days from the 2008, as well as for the 13-day period from January 2, 2008 to December 15, 2014, as described in the separate sheet No. 2, was hospitalized for 821 days in each hospital. The Defendant received KRW 68,878,575 in total from the Plaintiff according to each insurance contract of this case.

C. The status of the Defendant’s conclusion of each insurance contract and the amount of insurance proceeds received from the insurance company including the Plaintiff, as seen earlier under each insurance contract and each of the above insurance contracts are listed in the separate sheet No. 3.

As of the date of the closing of argument in this case, the Defendant paid the insurance premium of at least KRW 578,880 per month to an insurance company. The Defendant’s insurance money that the Defendant received from other insurance companies than the Plaintiff is up to KRW 348,925,347, except for diagnosis expenses.

Defendant’s property and income are 17,282,570 won in total from January 1, 2005 to December 31, 2010 (i.e., earned income of KRW 15,300,000 business income of KRW 1,982,570), and there is no special income from January 1, 201 to December 31, 201, and there is no comprehensive income tax.

E. At around 2012, the Defendant was charged with summary order against the Defendant with summary order: “Around August 2009, the Defendant was actually hospitalized without undergoing hospitalized treatment from around June 2010, and received KRW 14,247,572 in total by deceiving the insurance company, as if he actually hospitalized the insurance company.”

On August 21, 2012, this Court issued a summary order of KRW 2 million to the defendant as a crime of fraud, and the said summary order is the same.

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