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(영문) 부산지방법원동부지원 2015.10.08 2014가합101810
보험계약무효확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On September 30, 2009, the Plaintiff entered into an insurance contract in attached Form 1 (hereinafter “instant insurance contract”) with the Defendant.

B. The Defendant received hospitalized treatment for 367 days in total from November 13, 2009 to June 19, 2014, which was after the conclusion of the instant insurance contract, as indicated in the attached Table 2 (hereinafter “instant insurance accident”), and the Plaintiff paid KRW 13,100,000 to the Defendant as the insurance proceeds arising from the instant insurance accident.

C. From 2003 to 2012, the Defendant entered into nine insurance contracts with four insurance companies as the insured (hereinafter “instant insurance contracts”). As of the date of closing the argument in the instant case, the Defendant received KRW 157,141,181 in total with respect to the instant insurance accidents from each insurance company as of the date of closing the argument in the instant case.

On August 6, 2008, prior to the conclusion of the instant insurance contract, the Defendant subscribed to the insurance products of Escama life insurance and the Korean Commercial Non-Life Insurance on June 10, 2009. However, the Defendant stated “no” as “no” to ask for whether or not the insurance products similar to the instant insurance, as at the time of the instant insurance contract.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5 (including paper numbers; hereinafter the same shall apply), the court's Mzz fire and marine insurance, Han Crhoe Co., Ltd., Han Crhoe Life Insurance Co., Ltd., and the purport of the whole arguments, as a result of fact-finding,

2. The plaintiff's assertion that the defendant concluded the insurance contract of this case for the purpose of fraudulently acquiring insurance money through multiple insurance contracts. Thus, the insurance contract of this case is null and void in violation of good morals and other social order, and the defendant is obligated to return the insurance money of 13,100,000 won which the defendant received to the plaintiff

3. Determination

A. A majority of the insurance contracts that contain coverage similar to the instant insurance contracts.

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