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(영문) 광주지방법원순천지원 2016.05.19 2015가단74668
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 December 13, 2007, the Plaintiff’s attached Form between Defendant A and the insured as Defendant A himself/herself.

1. The insurance contract of this case (hereinafter “instant insurance contract”) was entered into, and the insurance contract of this case includes matters as security for payment of the daily amount of hospitalization when the insured is hospitalized due to illness or injury.

Since then, the contract owner of the instant insurance contract was changed to Defendant B.

B. From November 28, 2008 to December 30, 2008, Defendant A received hospitalized treatment with the “sulphe fele-fele-fele-fele-fele-fele-fele-fele-fel-fele-fele-fele-fele-fele-fele-fele-fele-fele-fele-fele-fele-fele-fele-fel

2. As indicated in the “Details of Defendant A’s hospitalization” table, the hospital was hospitalized for a total of 54 times and 890 days.

(hereinafter “instant insurance accident”). C.

The details of the insurance contract with Defendant A as the insured are as shown in the attached Table 3, and the total insurance money paid due to the instant insurance accident reaches KRW 343,914,919,000,000.

Among them, the insurance money that the Plaintiff paid to the Defendants is the total of KRW 2,754,00,000 and KRW 2,7540,000,000.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 6, Eul evidence 1 (each number is included; hereinafter the same shall apply), the purport of the whole pleadings

2. The Plaintiff’s assertion that the insurance contract of this case was concluded by the Defendants for the purpose of unjust acquisition of insurance money through multiple insurance contracts, and is null and void in violation of good morals and other social order as stipulated in Article 103 of the Civil Act. The Defendants are liable to return the insurance money received from the Plaintiff

3. Determination

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

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