보험금
1. The part of the judgment of the court of first instance against the plaintiff, which cited below, shall be revoked.
The plaintiff.
1. The reasoning of this part of the judgment is the same as the reasoning of the judgment of the court of first instance, and thus, this part of the judgment is cited pursuant to the main sentence of Article 420 of the Civil Procedure
2. The defendant's judgment on the main defense of this case is claiming the return of the insurance money already paid to the defendant while seeking the confirmation of invalidity of the insurance contract of this case. Thus, the plaintiff's filing of a lawsuit for confirmation even though it is possible to bring an action for performance is not effective in resolving the plaintiff's right or legal status unstable, and thus, in principle, it is not allowed to bring an action for confirmation of invalidity of the insurance contract of
In a lawsuit for confirmation, the benefit of confirmation must be guaranteed as a requirement for the protection of rights, and the benefit of confirmation is recognized only when it is the most effective and appropriate means to obtain a judgment from the defendant when taking the judgment against the defendant to eliminate anxietys, risks, and risks (see, e.g., Supreme Court Decision 2012Da67399, Feb. 15, 2013). In the instant case, the effect of the instant insurance contract between the plaintiff and the defendant in a dispute over the validity of the instant insurance contract, and where it is confirmed that the instant insurance contract is null and void, the plaintiff can seek a return of the insurance amount already paid, as it is deemed null and void, and the plaintiff can resolve disputes arising therefrom by removing existing anxietys and risks about the existence of the claim for insurance amount arising after the instant insurance contract. Thus, the claim for confirmation of invalidity of the instant insurance contract is the most effective and appropriate means for resolution of disputes
The defendant's main defense is without merit.
3. Judgment on the merits
(a)where the policyholder concludes an insurance contract with a view to unjust acquisition of insurance proceeds through a large number of insurance contracts, it shall be required to pay the insurance proceeds under the insurance contract concluded for this purpose;