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On October 22, 2008, the Plaintiff entered into an insurance contract with the Defendant (CB) on the same content as that of Annex A (E). On June 27, 2011, the Plaintiff entered into a contract with the Defendant on the change of the contractual titleholder and the beneficiary.

(hereinafter referred to as "instant insurance contract" in this section). (b)

Attached Form

As shown in the Second List, B, as between July 30, 2009 and March 7, 2016, was hospitalized for 763 days on the ground of disease symptoms, such as false infection, eating disease, hair, hair, knenee-surging, knee-surging, kne-se-surging, each side kne-surging, local e-surging, ye-surging, blood transfusion, and infection, and the Defendant and B received 30,210,693 won in total from the Plaintiff as insurance proceeds under the insurance contract of this case.

2. The assertion and judgment

A. The summary of the party’s assertion (1) concluded the instant insurance contract with the Plaintiff for the purpose of unlawfully acquiring the insurance proceeds, and subsequently, the Defendant and B obtained illegally hospitalized treatment as to the disease certificate that the Plaintiff did not undergo hospital treatment, and on this ground, obtained a total sum of 30,210,693 from the Plaintiff as above as the insurance proceeds.

Therefore, since the insurance contract of this case is null and void in violation of Article 103 of the Civil Act, the defendant is obligated to return 30,210,693 won as unjust enrichment to the plaintiff.

(2) In relation to the instant insurance contract by the Defendant, the Defendant or B had no intention to unlawfully acquire the insurance proceeds.

In addition, since B received a legitimate hospitalization fee through the examination, diagnosis, etc. of the doctor in charge with respect to his/her disease, it cannot be deemed that B received insurance money from the plaintiff is unfair.

(b) judgment (1).