부당이득금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On May 22, 2009, the Plaintiff concluded the instant insurance contract with the Defendant. The current status of the insurance contract that the Defendant concluded with the Defendant as the insured prior to the instant insurance contract is as follows.
(F) No. 4 No. 133,700,000 Samsung Fire 325,90,000 on December 17, 2006, 200 on June 24, 2006, 1333,700 Samsung Fire 30,000 on February 17, 2009, 25, 25,900-17,900 on February 17, 2009 - immediately terminated 4 194,50 on May 28, 2009, 200 on May 2028, 4200, 200, 300 on June 24, 200
B. After the insurance contract of this case, the Defendant was hospitalized for eight days under the diagnosis of acute typitis, scarcity infection, scarcity infection, etc. on March 26, 2012, and thereafter received from the Plaintiff totaling KRW 42,575,450 based on the insurance contract of this case for 247 days under the diagnosis of women’s acute typitis, acute typosis infection, scare scare scare scare scare scare, kneeb, spine, scare, etc. from October 18, 2014, and received a total of KRW 42,575,450 from the Plaintiff under the insurance contract of this case.
[Reasons for Recognition] Facts without dispute, Gap 2, 3, and 5 statements, KB Damage Insurance Co., Ltd., KB Damage Insurance, M&C Life Insurance, Samsung Fire Maritime Insurance Co., Ltd., the results of each financial transaction information reply to Samsung Fire Maritime Co., Ltd., and the purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. The Plaintiff’s assertion that the instant insurance contract is null and void as a juristic act contrary to social order stipulated in Article 103 of the Civil Act. As such, the Defendant’s insurance money received from the Plaintiff based on the instant insurance contract ought to be returned to unjust enrichment. Even if the instant insurance contract is not null and void, the Defendant received the insurance money from the Plaintiff due to false or excessive hospitalization, and thus, the insurance money was claimed and paid in the absence