부당이득금반환 등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. Around May 2006, the Plaintiff entered into an insurance contract with the Defendant as an insurance contractor and beneficiary (hereinafter “instant insurance contract”). Around May 2006, the Plaintiff entered into an insurance contract with the Defendant as an insurance contractor and beneficiary (hereinafter “instant insurance contract”).
B. After the conclusion of the instant insurance contract, the Defendant received hospital treatment for 507 days in total as shown in the attached Table 1 between April 20, 2007 and July 25, 2013, and received KRW 9,927,583,00 in total from the Plaintiff under the instant insurance contract for the remaining 423 days except 9,10,14, 15, and 21 among them.
C. The status of the Defendant’s conclusion of the instant insurance contract and the amount of the insurance money received by the Defendant, as the insured from 1994 to 2013, concluded an insurance contract with other insurance companies, and received total of KRW 149,857,165 from the insurance companies including the Plaintiff upon receiving hospitalized treatment from 2001 to 2013. The specific details are as shown in the attached Table 2.
[Reasons for Recognition] The facts without dispute, Gap evidence 1 through 3, Eul evidence 7 (including the number of additional evidence; hereinafter the same shall apply), the fact inquiry results on each insurance company of this court, the purport of the whole pleadings
2. Assertion and determination
A. 1) The Defendant concluded the instant insurance contract for the purpose of unlawfully acquiring the insurance money through multiple insurance contracts, not to conclude the instant insurance contract in order to prepare for a contingency against risks to life, body, etc., and thus, the instant insurance contract is null and void in breach of good morals and other social order. Therefore, the Defendant is obligated to return the insurance money received from the Plaintiff as unjust enrichment. 2) The Defendant began to buy the insurance from October 31, 1994, and is the age of the Defendant.