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 November 18, 2005, the Plaintiff, a company established for the purpose of insurance business, etc., entered into a non-dividend franchise insurance contract (hereinafter “instant insurance contract”) entered into with the Defendant as the contractor, the insured, and the beneficiary in the attached list.

B. On December 26, 2005, the Defendant received 823 days’ hospitalization and outpatient treatment due to 39 times in total, including being hospitalized at B’s Council members for 67 days due to crypitis, etc. on November 3, 2014, and received 57,368.122 won in total as insurance money based on the insurance contract of this case from the Plaintiff.

[Ground of recognition] The fact that there is no dispute, Gap's evidence Nos. 1 and 2, and the purport of the whole pleading

2. Determination as to the cause of action

A. The Defendant asserted that the Plaintiff concluded a multiple insurance contract with several insurance companies including the Plaintiff and the Defendant as the insured, and received large-amount of insurance proceeds by paying a monthly insurance premium in excess of the Defendant’s income, and receiving unnecessary hospitalized treatment for a long time.

In light of this, the defendant concluded the insurance contract of this case for the purpose of pretending the insurance accident or acquiring the insurance money unfairly by exaggerationing the degree of the insurance accident rather than pure risks to life, body, etc., which is null and void against good morals and other social order.

Therefore, the Plaintiff sought confirmation of the invalidity of the instant insurance contract and sought refund of KRW 57,368,122 of the insurance money that the Defendant received from the Plaintiff according to the instant insurance contract as a claim for restitution of unjust enrichment.

B. 1) Determination 1) Where a policyholder concludes an insurance contract with a view to unfairly acquiring insurance proceeds through multiple insurance contracts, it is necessary to have the policyholder pay the insurance proceeds under the insurance contract concluded for this purpose.