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(영문) 부산지방법원 2017.06.08 2015가합48095
보험계약무효확인 등
Text

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

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

Reasons

Basic Facts

On May 12, 2011, the Plaintiff entered into an insurance contract with Defendant A, and entered into two insurance contracts, set out in [Attachment 1] Nos. 1 and 2, which provide the insured as Defendant B, as well as non-dividend Plus Guarantee Insurance 1104 (hereinafter “instant insurance contract”).

After concluding the instant insurance contract, Defendant B received hospitalization, etc. at a hospital due to an accident, disease, etc., and claimed insurance money, such as the day of injury and the day of hospitalization, and the day of hospitalization, etc., and received total KRW 15,006,039 from February 14, 2012 to November 14, 2014 from the Plaintiff as follows.

CD CD CD DD DD CD DD DD C B B B B B B B, without any dispute, and the purport of the Plaintiff’s assertion as to the Plaintiff’s assertion as to the Plaintiff’s assertion as to the Plaintiff’s assertion as to the Plaintiff’s assertion as to Gap’s evidence Nos. 1, 2, and 3 (including serial numbers; hereinafter the same shall apply), and the purport of the pleading, the Defendants concluded multiple insurance contracts with other insurance companies similar to the content of the instant insurance contract, and Defendant B received insurance proceeds from multiple insurance companies, including the Plaintiff, upon receiving long-term hospitalization for minor diseases or injuries for which no need exists to receive hospitalization.

In light of these circumstances, the instant insurance contract was concluded for the purpose of unjust acquisition of insurance money, and thus is null and void against good morals and other social order stipulated in Article 103 of the Civil Act.

Therefore, the Plaintiff seeks to confirm the invalidity of the insurance contract of this case, and Defendant B seeks to refund the total amount of KRW 15,006,039 and its delay damages received from the Plaintiff.

Judgment

Where a policyholder concludes an insurance contract for the purpose of unfairly acquiring insurance proceeds through multiple insurance contracts, the insurance proceeds shall be paid according to the insurance contract concluded for this purpose.

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