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(영문) 부산고등법원 2019.12.12 2017나56530
보험계약무효확인 등
Text

1. Of the judgment of the court of first instance, the part demanding confirmation of invalidity of an insurance contract and the amount ordering payment under paragraph 3 below.

Reasons

1. Basic facts

A. On September 21, 201, the Plaintiff concluded the instant insurance contract with the Defendant with the insurer running non-life insurance business.

B. The purpose of the instant insurance contract is to pay insurance money in the event of a general injury, death or disability, and to pay insurance money in 20,000 won per day of hospitalization in the event of a general injury or disease.

C. From June 26, 2002 to September 26, 2011, the Defendant concluded multiple insurance contracts with the insured as indicated below, which are similar in terms of the insurance contract, content and nature of the guarantee.

Serial 1 C. 1. D. 53,40 won per month of June 26, 2002; 10,000 won per 610,00 won per June 18, 2003; 30,000 won per 48,300 won per 20,000 won per month of goods; 46,480 won per 46,480 won per October 12, 2004; 1.68,00 won per 68,00 won per 20,000 won per 20,000 won per 20,00 won per month of 20,000 won per month of 20,00 won per 36,00 won per month of 20,00 won per month of 20,00 won per 10,00 won per month of 10,00 won or more per month of 10,005 won per annum

D. The insurance, including the above insurance, purchased by the Defendant is about 22 cases, and the sum of monthly insurance premium reaches about 80,000 won.

In 2011, the Defendant purchased a total of 12 insurance policies only within the limit of 2011, and among them, the insurance similar to the instant insurance for which the daily amount of hospitalization is paid is 9 cases as above.

Most of the above insurances subscribed to by the Defendant are insurance that does not guarantee the principal.

E. After entering into the instant insurance contract, the Defendant did not exceed 15,681,257 won in total from the Plaintiff as follows.

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