1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Basic Facts

On May 4, 2007, the Plaintiff concluded an insurance contract with the Defendant as the insured on the attached Table 1 (hereinafter “instant insurance contract”).

The Defendant, including the instant insurance contract, concluded a total of 25 insurance contracts between November 9, 2001 and September 4, 2014, between the insurance companies, including the Korea Life Insurance Co., Ltd. (hereinafter referred to as “Korea Life Insurance Co., Ltd.”) (hereinafter referred to as “Korea Life Insurance Co., Ltd.”) as indicated in the attached Table 2 List 1, including the instant insurance contract.

The Defendant was hospitalized in the hospital from September 208 to June 2012 as shown in Table 2 of the attached Table 2, and received KRW 81,039,323 from the Plaintiff in accordance with the insurance contract of this case after being hospitalized in the hospital due to sudden shock, etc.

[Ground of recognition] The fact that there is no dispute, Gap's 3, 15, 20, 23 (including virtual numbers; hereinafter the same shall apply), and the purport of the whole pleadings

A. The insurance contract of this case asserted by the plaintiff is concluded for the purpose of unfairly receiving insurance money through multiple insurance contracts, and is null and void in violation of good morals and other social order stipulated in Article 103 of the Civil Act. Therefore, the defendant shall return the insurance money received from the plaintiff as unjust enrichment of KRW 81,039,323.

B. Where a policyholder concludes an insurance contract for the purpose of unfairly acquiring insurance proceeds through a large number of insurance contracts, the payment of insurance proceeds pursuant to the insurance contract concluded for such purpose would be in deviation from social reasonableness by encouraging 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 contingencyness of risks, and causing the sacrifice of the large number of subscribers, thereby impairing the foundation of the insurance system. Thus, such insurance contract goes against good morals and other social order under Article 103 of the Civil Act.