A. On March 24, 2011, the Plaintiff and the Defendant concluded an insurance contract with the insured as indicated in the separate sheet with the Defendant, and subsequently, on September 2, 201, the instant insurance contract was modified (including the modified contract, and hereinafter “instant insurance contract”).

B. On March 28, 2012, the day after the conclusion of the instant insurance contract, the Defendant was hospitalized in the name of the main body and the pelvis sphere diagnosis, as well as was hospitalized on December 31, 2014 thereafter 975 days through 38 times as follows. The Defendant claimed insurance money under the instant insurance contract and received KRW 19,634,693, total insurance money from the Plaintiff until January 7, 2015, as indicated in the “the details of the payment of hospitalization and insurance money.”

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 5 (if there is a provisional number, including it; hereinafter the same shall apply) and the purport of whole pleadings

2. Determination as to the cause of action

A. The plaintiff asserts that the insurance contract of this case is null and void by a juristic act contrary to good morals and social order under Article 103 of the Civil Act, and that as long as the insurance contract of this case is null and void, the insurance money that the defendant received from the plaintiff pursuant to the insurance contract of this case shall be deemed to have been received without any legal ground. Thus, the defendant is obligated to pay to the plaintiff 19,634,693 won in total, and damages for delay calculated at the rate of 20% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the day

B. The key issue of the instant case is whether the instant insurance contract becomes null and void under Article 103 of the Civil Act, and this is examined.

1 Where a policyholder concludes an insurance contract with a view to unjust acquisition of insurance proceeds through multiple insurance contracts, this shall apply.