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(영문) 수원지방법원 안산지원 2018.06.28 2018가합5260
부당이득금
Text

1. The Defendant’s KRW 6,810,00 for the Plaintiff and 5% per annum from November 18, 2014 to June 28, 2018.

Reasons

1. Basic facts

A. On Nov. 5, 2009, the Defendant concluded the instant insurance contract with the Plaintiff as the insured on Nov. 5, 2009, as shown in the attached Table 1.

B. As indicated in the attached Form 2, the Defendant received hospital treatment for 44 days in total from January 8, 2010 to October 27, 2014, as indicated in the details of payment of the insurance proceeds. The Defendant received insurance proceeds of KRW 50,440,000 in total from the Plaintiff according to the instant insurance contract.

C. From May 14, 199 to March 6, 2015, the Defendant concluded a total of 17 insurance contracts with the Defendant or the Defendant’s husband B and his child C as the insured, as indicated in the details of the conclusion of the insurance contract, including the instant insurance contract.

(Attachment 3) In the case of No. 2, 10, 13, and 14, the insurance contract was concluded with B as a policyholder. [The grounds for recognition] The fact that there is no dispute, the entry of Gap's evidence No. 1 through 3, 5, and 17, Eul's evidence No. 4, the Insurance Development Institute of this Court, Mz and Fire Marine Insurance, Eastern Fire and Marine Insurance, Samsung Fire and Marine Insurance, Samsung Fire and Marine Insurance, Samsung Insurance Co., Ltd., Samsung Life Insurance Co., Ltd., Samsung Life Insurance Co., Ltd., Samsung Insurance Co., Ltd., Samsung Insurance Co.,

2. Determination on the claim for confirmation of invalidity of the instant insurance contract

A. The purport of the Plaintiff’s assertion is that the instant insurance contract was concluded for the purpose of the Defendant’s wrongful acquisition of insurance proceeds through multiple insurance contracts, and thus, is null and void as it constitutes a juristic act contrary to good morals and other social order under Article

B. Where a policyholder concludes 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 the insurance contract concluded for this purpose would not only lead to deviations from social reasonableness and reasonable diversification of risks by inducing speculative spirit to gain unjust profits through abuse of insurance contracts.

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