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(영문) 수원지방법원안양지원 2019.06.12 2018가단117119
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On February 17, 2010, the Plaintiff concluded an insurance contract with the Defendant listed in the separate sheet No. 1 (hereinafter “instant insurance contract”).

B. The instant insurance contract concluded by the Defendant as the insured from October 2002 to March 2015, and the content and nature of the instant insurance contract, which cannot be deemed similar, was excluded from cancer insurance, dental insurance, and public transportation accident insurance.

The details shall be as shown in the attached list 2.

C. The Defendant was hospitalized in a hospital for 307 days from July 23, 2011 to December 30, 2015, and received total KRW 9,750,716 in accordance with the instant insurance contract from the Plaintiff.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1-1 to Gap evidence 9 (including each number in case of additional number) and the purport of whole pleadings

2. The plaintiff's assertion entered into a multiple insurance contract with another insurance company whose coverage is similar to that of the insurance contract of this case, and paid excessive insurance premium compared to that of the insurance company. After that, in light of the defendant's symptoms and diagnosis, the defendant was hospitalized excessively and received a large amount of insurance money from many insurance companies including the plaintiff.

In light of these circumstances, the Defendant concluded the instant insurance contract with the Plaintiff for the purpose of unfairly acquiring insurance money through multiple insurance contracts, and the instant insurance contract is null and void in violation of good morals and other social order under Article 103 of the Civil Act.

In addition, 9,750,000 won of insurance money that the Defendant received from the Plaintiff under the instant insurance contract that is null and void shall be returned to the Plaintiff as unjust enrichment.

3. Where a policyholder concludes an insurance contract with a view to illegally acquiring insurance proceeds through a large number of insurance contracts, it shall be effected in accordance with such purpose;

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