부당이득금
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On July 15, 2009, the Plaintiff entered into an insurance contract with the Defendant as the insured on the attached list (hereinafter “instant insurance contract”) with the Defendant. The instant insurance contract includes the content of ensuring that the daily amount of hospitalization of KRW 30,000 per day is paid when the Plaintiff is hospitalized due to injury or disease.
B. B was hospitalized from July 201 to March 2016 for 318 days, and the Plaintiff paid KRW 18,605,153 to the Defendant according to the instant insurance contract.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2 (including virtual number) and the purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. The plaintiff asserted that the insurance contract of this case was concluded by the defendant for the purpose of illegally acquiring insurance proceeds, and is null and void in violation of good morals and social order under Article 103 of the Civil Act. Accordingly, the defendant claims that the insurance proceeds received in accordance with the insurance contract of this case should be returned to the plaintiff as unjust enrichment. In addition, the plaintiff's claim for the confirmation of invalidity of the insurance contract of this case and the return of
B. Where a policyholder concludes an insurance contract with a view to unjust acquisition of insurance proceeds through multiple insurance contracts, the insurance contract is null and void in violation of good morals and other social order under Article 103 of the Civil Act.
The reason why insurance money is paid in accordance with such insurance contracts is not only a deviation from social reasonableness, but also a deviation from the purpose of the insurance system, such as reasonable diversification of risks, destruction of the contingent nature of risks, and destruction of the foundation of the insurance system by causing the sacrifice of many people of good insurance policy.
In addition, the purpose of the policyholder's fraudulent acquisition of insurance proceeds is to.