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(영문) 광주지방법원순천지원 2016.01.28 2015가단76282
구상금
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 December 30, 2010, the Plaintiff made the insured between Defendant B and the Defendant A as the Defendant A.

1. Paragraph (2) insurance contracts, 2. Attachment on February 14, 2011

1. Each of the instant insurance contracts mentioned in paragraph 1 (1) (hereinafter collectively referred to as “each of the instant insurance contracts”), and each of the instant insurance contracts includes details of security to guarantee the daily amount of hospitalization when the insured receives hospitalized treatment due to illness or injury.

B. From May 6, 2011 to May 21, 2011, Defendant A was hospitalized for 16 days from the commencement of the hospitalized treatment due to illness, such as dynasium, tension, etc., at C Hospital’s 180 days in total by November 18, 2014, and was hospitalized for 1,1370,000 won in total according to each of the instant insurance contracts. The specific amount of payment, the period of hospitalization, and the details of the hospital were paid.

2. The provisions of the table are as follows;

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The Plaintiff’s assertion that each of the instant insurance contracts was concluded by the Defendants for the purpose of unjust acquisition of insurance proceeds through multiple insurance contracts is null and void as acts of good morals and other social order prescribed in Article 103 of the Civil Act. Defendant A is obligated to return the insurance proceeds received from the Plaintiff in accordance with each of the instant insurance contracts.

3. Determination

(a) Where the policyholder concludes an insurance contract with a view to unjust acquisition of insurance money through a large number of insurance contracts, the payment of insurance money under the insurance contract concluded for this purpose would not only lead to deviation from social reasonableness by encouraging speculative spirit to gain unjust profits by abusing the insurance contract, but also undermine the purpose of the insurance system, such as reasonable diversification of risks, destroying the contingencyness of risks, and sacrifice of a large number of good subscribers.

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