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1. The insurance contract concluded between the plaintiff and the defendant is invalid.
2. The defendant shall be the plaintiff.
Reasons
1. Basic facts
A. On January 21, 2008, the Defendant entered into an insurance contract with the Green Damage Insurance Co., Ltd. (hereinafter “Green Damage Insurance”) in attached Form 1, which contains security of KRW 30,000 per day for ordinary injury, temporary living expenses, and hospitalization expenses for disease (hereinafter “instant insurance contract”).
(2) Where an insolvent financial institution falls under any of the following, the Financial Services Commission may take necessary measures against the insolvent financial institution, such as decision on the transfer of contracts, suspension of business for a period not exceeding six months, cancellation of authorization or permission for business, etc., on May 3, 2013.
Provided, That in cases falling under subparagraph 4, only a disposition of business suspension may be taken for a period not exceeding six months, and this shall not apply where an insolvent financial institution under subparagraphs 1 and 2 ceases to be an insolvent financial institution.
(For each subparagraph omitted), an insurance company which has received the transfer of the insurance contract, related contracts, assets, liabilities, rights and obligations, or contractual status under the Financial Services Commission's decision to transfer contracts for indemnity insurance.
C. Based on the instant insurance contract, the Defendant received insurance money of KRW 30,375,965 (hereinafter “instant insurance money”) from April 2008 to February 19, 2014 as shown in attached Table 2 as follows.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 11 (including branch numbers, hereinafter the same shall apply) and the purport of the whole pleadings
2. The purpose of the instant insurance contract concluded between the plaintiff's plaintiff's plaintiff's assertion is to illegally acquire high-amount insurance money through multiple insurance coverage covering the defendant's property status, the background and nature of concluding multiple insurance contracts, the scale and nature of insurance contracts, and the circumstances after concluding the insurance contract.