부당이득금
1. The Defendant shall pay to the Plaintiff KRW 59,38,988 and interest rate of KRW 20% per annum from March 18, 2014 to the day of full payment.
1. Basic facts
A. On April 23, 2007, B (the husband of the Defendant) entered into an insurance contract with the Plaintiff on April 23, 2007, under the terms and conditions that the Defendant would receive a hospital treatment, hospitalization, surgery, etc. due to a certain disease, as set forth in the attached Table No. 2 that the Plaintiff would pay a certain amount of insurance money (hereinafter “instant insurance contract”).
B. After the instant insurance contract, the Defendant received insurance money from the Plaintiff KRW 59,388,98.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 6, Eul evidence 2 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. The plaintiff's assertion that the defendant concluded the insurance contract of this case for the purpose of unfairly acquiring insurance money through multiple insurance contracts, and the insurance contract of this case is null and void against good morals and other social order under Article 103 of the Civil Code
Therefore, there is no obligation of the Plaintiff to pay the instant insurance money to the Defendant, and accordingly, the Defendant is obligated to return KRW 59,388,988 of the insurance money paid by the Plaintiff after the conclusion of the instant insurance contract to the Plaintiff as unjust enrichment.
3. Determination
A. (1) In a case where a policyholder concludes an insurance contract for the purpose of unlawfully acquiring insurance money through multiple insurance contracts, the payment of insurance money according to an insurance contract concluded for this purpose would not only lead to deviation from social reasonableness by inducing speculative spirit to gain unjust profits by abusing insurance contracts, but also would also undermine the purpose of the insurance system, destroying the contingentness of risks, and causing the sacrifice of many subscribers, thereby impairing the foundation of the insurance system. Thus, such insurance contract is governed by Article 103 of the Civil Act.