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(영문) 서울중앙지방법원 2014.06.11 2013가합25946
부당이득금반환 등
Text

1. All the claims of the plaintiff succeeding intervenor are dismissed.

2. The costs of lawsuit shall be borne by the intervenor succeeding to the plaintiff.

Reasons

1. Circumstances leading to the dispute of this case;

A. On February 5, 2009, the Plaintiff (i.e., withdrawal, hereinafter “Plaintiff”) and the Defendant concluded an insurance contract with the same content as attached Form 1, which is the Defendant’s child B as the insured (hereinafter “instant insurance contract”).

Meanwhile, on May 3, 2013, the instant insurance contract and the rights and obligations thereunder, or the contractual status was transferred from the Plaintiff to the Plaintiff’s Intervenor through a decision to transfer a contract by the Financial Services Commission under Article 14(2) of the Act on the Structural Improvement of the Financial Industry.

B. B, on February 22, 2009, was hospitalized from C Council members for 32 days on the ground of crypitis, and was hospitalized for 520 days in total from February 22, 2009 to March 4, 2013, and was paid KRW 14,00,000 as insurance money by the Plaintiff according to the instant insurance contract.

The details of insurance accidents, such as the insurance money paid to the Defendant by the Plaintiff, the name of the diagnosis and the number of hospitalization days, shall be as specified in attached Table 2.

[Reasons for Recognition] : Each entry in Gap evidence 1 to 22 (including the number of pages) and the purport of the whole pleadings

2. The Plaintiff’s Intervenor’s assertion that the Defendant concluded multiple insurance contracts with other insurance companies in addition to the instant insurance contracts, and the Defendant concluded the instant insurance contracts not with a view to unfairly acquiring insurance proceeds through multiple insurance contracts, but with a view to coping with risks to pure life, body, etc., and thus, the instant insurance contracts are null and void in violation of good morals and other social order.

Therefore, the defendant is obligated to return the insurance proceeds received from the plaintiff to the plaintiff succeeding intervenor based on the insurance contract of this case.

3. Determination

(a)in the event that the policyholder concludes an insurance contract with a view to unjust acquisition of insurance proceeds through multiple insurance contracts, it shall be concluded for this purpose;

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