보험에관한 소송
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On July 30, 2010, the Defendant entered into the instant insurance contract with the Plaintiff, and received KRW 1,293,000 (hereinafter “instant insurance proceeds”) from the Plaintiff in total from December 20, 201 to September 30, 2014.
B. On November 18, 2014, the Defendant borrowed a standardized contract loan of KRW 600,000 (hereinafter “instant standardized contract loan”) from the Plaintiff based on the instant insurance contract.
[Ground of recognition] Facts without dispute, Gap 7 and 9 evidence, the purport of the whole pleadings
2. The judgment of this Court
A. The Plaintiff’s assertion that the instant insurance contract was concluded for the purpose of unlawfully acquiring the insurance money, and is null and void in violation of good morals and other social order under Article 103 of the Civil Act. As such, the Plaintiff sought confirmation against the Defendant and sought return of unjust enrichment equivalent to the sum of KRW 1,353,00 (= KRW 1,2930,000) of the instant insurance money and the instant terms and conditions loans.
B. 1) Determination 1) Where a policyholder concludes an insurance contract for the purpose of unjust acquisition of insurance proceeds through multiple insurance contracts, the payment of insurance proceeds pursuant to an insurance contract concluded for such purpose is deemed to be null and void in violation of good morals and other social order under Article 103 of the Civil Act, since the purpose of the insurance system, which promotes speculative spirit to gain unjust profits by abusing the insurance contract, thereby impairing the purpose of the insurance system, such as reasonable diversification of risks, destroying the contingentness of risks, and causing the sacrifice of many subscribers, thereby impairing the foundation of the insurance system.
On the other hand, even if there is no evidence to directly recognize that the policyholder has concluded multiple insurance contracts for the purpose of illegally acquiring the insurance proceeds, the occupation and financial status of the policyholder, and a large number of them.