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

A. On July 16, 2009, the Defendant concluded each insurance contract between the Plaintiff and the beneficiary as the Defendant (hereinafter “each insurance contract of this case”).

B. From December 2009 to November 201, 2014, the Defendant received hospitalized treatment over 198 days from a medical institution located in 10 areas including B-type surgery, etc., as shown in attached Table 2. The sum of the insurance proceeds received from the Plaintiff under each insurance contract of this case due to the above hospitalized treatment is KRW 21,482,863.

C. From December 2008 to July 2010, the Defendant concluded a total of 16 insurance contracts including each of the instant insurance contracts with himself as the insured, and the main contents are as shown in attached Table 3.

(2) Each of the instant insurance contracts is invalid as acts contrary to good morals and social order stipulated in Article 103 of the Civil Act, since each of the instant insurance contracts with intent to unlawfully acquire insurance proceeds through multiple insurance contracts.

Therefore, the Defendant is obligated to return KRW 20,942,383 out of the insurance proceeds received from the Plaintiff based on each insurance contract of this case as unjust enrichment.

Even if each of the contracts of this case is not null and void, the defendant received insurance money from the plaintiff after receiving false or excessive medical treatment despite the necessity of hospital treatment, and thus, it should be returned to the plaintiff as unjust enrichment.

3. Determination

A. Whether a policyholder entered into a multiple insurance contract for the purpose of unjust acquisition of insurance proceeds can be confirmed based on all the circumstances, including the policyholder’s occupation and property status, the timing and circumstances of entering into multiple insurance contracts, the scale and nature of the insurance contract, and the circumstances after entering into the insurance contract.

In particular,