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(영문) 광주지방법원 2017.07.12 2016나53264
보험계약무효확인 등
Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff's conjunctive claim added by this court is dismissed.

3. Appeal.

Reasons

1. Basic facts

A. On March 4, 2009, the Plaintiff entered into an insurance contract in attached Form 1 (hereinafter “instant insurance contract”) with the insured as the Defendant’s omission B.

B. After the conclusion of the instant insurance contract, B was hospitalized for 503 days in total under the diagnosis, such as chest fry, engine fyeitis, food salt, left-hand slotitis, cirratitis, symosis, spine certificate, chronic virus type C infection, knee-defye-fyeing disability, snow sampling, other obstacles of snow samples, engine matism, etc., between November 26, 2009 and August 20, 2014, and received insurance proceeds from the Plaintiff for 77,785,554 won in total under the instant insurance contract (including insurance proceeds paid for a total of 47,432,062 won per hospitalization day, medical expenses total of 28,353,492 won, surgery expenses total of KRW 2,00,000).

C. The content of the insurance contract, including the instant insurance contract, in which the Defendant subscribed B as the insured and the Defendant as the beneficiary, and the details of the receipt of the insurance money are as listed below.

Serial Insurance Co., Ltd. (wons) 1 new life insurance for the types of monthly insurance premium of each type of insurance contract date (hereinafter referred to as “insurance company”) on October 28, 2003, 174,780,785,554 combined 307,306,685,554 [In the absence of any dispute over the grounds for recognition, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 3, and the results of inquiry about the order to submit financial transaction information to the Gwangju Regional Head of the National Health Insurance Corporation (hereinafter referred to as the “Seoul Regional Head of the National Health Insurance Corporation”) on October 28, 203; the result of response to the order to submit financial transaction information to the Association;

2. The plaintiff's assertion

A. The instant insurance contract is null and void as an act contrary to good morals and social order stipulated in Article 103 of the Civil Act, which was concluded by the Defendant for the purpose of unfairly acquiring insurance proceeds through multiple insurance contracts.

Therefore, the defendant is obligated to return the insurance proceeds received from the plaintiff as unjust enrichment according to the insurance contract of this case.

B. Home Affairs of this case

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