보험에관한 소송
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by each person;
1. Facts of recognition;
A. On August 21, 2007, the Green Damage Insurance Co., Ltd. (hereinafter “Green Damage Insurance”) entered into an insurance contract with the Defendant listed in the separate sheet (hereinafter “instant insurance”). On May 3, 2013, the Plaintiff was transferred the status of the insurer under the instant insurance contract according to a decision to transfer contracts by the Financial Services Commission.
B. According to the insurance contract of this case, when the defendant was hospitalized in a hospital or a clinic due to a disease, he shall be paid KRW 30,000 per day of hospitalization within the limit of 180 days as insurance money, ② KRW 30,000 per day of hospitalization (inpatient), ② maximum of KRW 30,000 per day of medical room expenses according to the terms and conditions (Ⅱ), and ③ KRW 100,000 per day of medical room expenses under the terms and conditions when he was hospitalized in a hospital or hospital (Ⅱ).
C. As indicated in the payment status of the attached insurance proceeds, the Defendant received hospital treatment for a total of 170 days from September 27, 2010 to May 15, 2017, and received KRW 22,620,731 from the Plaintiff as expenses for hospitalization of disease, etc. under the instant insurance contract after receiving hospital treatment for a total of 170 days.
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 6 (including satisfy number), the purpose of the whole pleadings
2. Judgment as to the main claim
A. The plaintiff asserted that the insurance contract of this case was concluded for the purpose of illegally acquiring the insurance money through multiple insurance contracts, and the insurance contract of this case is null and void in violation of good morals and other social order stipulated in Article 103 of the Civil Code.
Therefore, the Plaintiff sought a return of unjust enrichment equivalent to KRW 22,620,731 of the instant insurance money already paid to the Defendant and its delay damages, and sought confirmation that there is no obligation to pay the instant insurance money.
(b) Determination Gap evidence Nos. 7, Eul evidence Nos. 1 to 3, and this Court's credit information sources, postal service information centers, and modern marine fire insurance companies.