부당이득금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On August 19, 2008, the Plaintiff entered into an insurance contract with the Defendant listed in the separate sheet No. 1 (hereinafter “instant insurance contract”) with the Defendant, and C, the insured of the instant insurance contract, is the Defendant’s birth.
B. C was hospitalized in D Hospital for twenty-four days from January 2, 2010 to 24 days due to body death, as shown in the separate list in the separate sheet No. 2 attached hereto, and was hospitalized in a hospital between January 2, 2010 and April 6, 2016. The Plaintiff was paid insurance money equivalent to KRW 152,714,050 in total in accordance with the instant insurance contract.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. The plaintiff's assertion that the defendant concluded the insurance contract of this case as well as the insurance contract of this case for the purpose of unjust acquisition of insurance proceeds, and received insurance proceeds exceeding 300 million won in total from six insurance companies since 2006 to 2016 because the insured repeatedly received unnecessary or excessive hospitalization treatment. As such, since the contract concluded for the purpose of unjust acquisition of insurance proceeds is invalid in violation of good public morals and other social order, the defendant must return to the plaintiff 152,714,000 won, which is equivalent to the total amount of insurance proceeds paid under the insurance contract of this case,
3. Determination
A. Where a policyholder concludes an insurance contract for the purpose of unjust acquisition of insurance money through a large number of insurance contracts, the payment of insurance money under an insurance contract concluded for such purpose would be in deviation from social reasonableness by encouraging speculative spirit to gain unjust profits through abuse of insurance contracts, thereby impairing the purpose of the insurance system, such as reasonable diversification of risks, destroying the contingentness of risks, and causing the sacrifice of a large number of subscribers, thereby impairing the foundation of the insurance system. Thus, such insurance contract is governed by Article 103 of the Civil Act.