보험에관한 소송
1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The reasons why this court shall state the underlying facts in this part are the same as the part of “1. Facts recognized” in the judgment of the court of first instance, and thus, this part is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act. 2. The reasons why this court shall state in this part of the summary of the Plaintiff’s assertion are the same as the part of “the Plaintiff’s assertion” in the judgment of the court of first instance
3. Determination
A. The subject of the judgment of the appellate court is the “whether the instant insurance contract is proved to be null and void against Article 103 of the Civil Act” and “whether the Defendant bears the obligation to return the insurance money already received from the Plaintiff on the ground that the instant insurance contract is null and void”
(B) Whether there are other grounds for claiming the return of the insurance money paid by the plaintiff to the defendant is not specified in the grounds for appeal.
In a case where a policyholder concludes an insurance contract with a view to illegally acquiring insurance proceeds through a large number of insurance contracts, such insurance contract is null and void in violation of good morals and other social order stipulated under Article 103 of the Civil Act (see, e.g., Supreme Court Decision 2005Da23858, Jul. 28, 2005). In particular, the fact that a policyholder concludes an excessive insurance contract with a large amount of insurance premium to be paid on a regular basis to the extent difficult in light of the economic circumstances, such as his/her own revenue, and that a large number of insurance contracts were collectively subscribed despite the absence of reasonable grounds for a short period, unlike the circumstance of entering into an insurance contract, such as subscription by an insurance solicitor, etc., the circumstance that the policyholder actively actively concluded an excessive insurance contract with a certain person, unlike the circumstance of entering into an insurance contract with a large number of insurance contracts with a strong nature of security, which is not a