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(영문) 수원지방법원안양지원 2016.11.18 2015가합100223
보험에관한 소송
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On July 15, 2008, the Defendant entered into an insurance contract as shown in the attached Table 1 (hereinafter “instant insurance contract”) with the Plaintiff as the insured.

B. On July 6, 2009, the Defendant was diagnosed by the left-hand salt control unit, etc. and was hospitalized at each hospital as shown in the annexed Table 2, and received insurance money totaling KRW 41,605,610 according to the insurance contract of this case from the Plaintiff.

Serial On July 15, 2008, 115,000 50,000 40,630,6000,605,610 2 Korean Commercial Claim Insurance Co., Ltd. 15, 2008, 15,000 15,000 50,000 26,100,000 3 Chinese Commercial Claim Insurance Co., Ltd. 45,000 30,000 30,000 24,120,000 4 KIG Livelihood Security Insurance Co., Ltd. 19, 200 630,000 630,000,000 120,630,714,000,008,008,00636,0050,006,0516,005

C. Meanwhile, the insurance contracts that the Defendant joined around 2008 to 2009 as the insured are four cases as listed below.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 3 through 5 (including numbers, if any), the inquiry result of this court's inquiry into the limited liability insurance company, the result of the order to submit financial transaction information about KB damage insurance company, the purport of the whole pleadings

2. The Plaintiff’s assertion that the instant insurance contract was concluded for the purpose of unfairly acquiring insurance proceeds through multiple insurance contracts. Thus, it is null and void against good morals and other social order. The Defendant shall return the insurance proceeds paid by the Plaintiff pursuant to the instant insurance contract null and void to the Plaintiff as unjust enrichment.

3. Determination

(a) Where the policyholder concludes an insurance contract with a view to improper acquisition of insurance proceeds through multiple insurance contracts, making the payments of insurance proceeds under the insurance contract concluded for this purpose be unjust;

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