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

A. On December 5, 2007, the Defendant entered into a contract with the Il Fire and Marine Insurance Co., Ltd. (the Japanese Fire and Marine Insurance Co., Ltd. was merged with the Plaintiff on December 31, 2009, and was not divided before and after the merger; hereinafter “Plaintiff”) with the Defendant as the insured and the beneficiary, and entered into the said insurance contract with the Defendant as the non-dividend dividend cI0710 (hereinafter “the first insurance contract”). The above insurance contract is that the Plaintiff pays KRW 30,000 per day insurance money to the beneficiary when the insured were hospitalized due to disease or injury.

B. On December 5, 2007, Nonparty B entered into a non-dividend B insurance contract with the insured and the beneficiary as B (hereinafter “instant insurance contract”). Nonparty B paid KRW 20,000 insurance money per day to the beneficiary, where the insured were hospitalized with disease, KRW 30,000 per day, and KRW 20,000 per day of injury.

After April 17, 2015, the contractor and beneficiary of the second insurance contract were changed to the defendant.

C. From December 10, 2007 to December 5, 2016, the Defendant received insurance proceeds from the Plaintiff in total of KRW 61,978,149 (i.e., KRW 25,03,150 medical expenses of KRW 31,04,99 medical expenses of KRW 31,04,99 medical expenses of KRW 31,09,90,000).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3 (if available, including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination

A. The Plaintiff’s assertion that the instant insurance contract was concluded by the Defendant for the purpose of unfairly acquiring insurance proceeds through multiple insurance contracts, and is null and void in violation of good morals and other social order under Article 103 of the Civil Act.

Furthermore, the Defendant received insurance money from the Plaintiff pursuant to the instant insurance contract that is null and void as above, KRW 61,978,149.