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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On February 18, 2008, the Plaintiff and the Defendant concluded an insurance contract indicated in the separate insurance contract (hereinafter “instant insurance contract”).
B. From May 3, 2011 to September 26, 2016, the Defendant was hospitalized for a total of 352 days as specified in the following table, and the insurance money that the Plaintiff paid to the Defendant during the said period is KRW 25,67,813 in total as follows:
B C
C. The status of insurance contracts concluded by the defendant with multiple insurance companies including the plaintiff is as specified in the attached Table.
[Ground of recognition] Gap evidence Nos. 1, 2-1 through 27, Eul evidence Nos. 1-1 through 5, Eul evidence Nos. 1-5, and the purport of this court's correctional life insurance, Nonghyup Life Insurance Co., Ltd., Dongyang Life Insurance Co., Ltd., Dongyang Life Insurance Co., Ltd., Dongyang Life Insurance Co., Ltd., Samsung Fire Insurance Co., Ltd., Samsung Fire Marine Insurance Co., Ltd., and new life insurance Co.
2. The Plaintiff’s assertion that the insurance contract of this case was concluded by the Defendant for the purpose of unfairly acquiring insurance money through multiple insurance contracts, and is null and void in violation of good morals and other social order under Article 103 of the
Therefore, it is necessary to confirm the invalidity of the insurance contract of this case. In addition, the defendant is obligated to return the total amount of KRW 25,677,813 paid by the plaintiff under the insurance contract of this case to the plaintiff as unjust enrichment.
3. Determination
A. 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 under the insurance contract concluded for this purpose would not only lead to the deviation of social reasonableness, but also undermine the purpose of the insurance system, such as reasonable diversification of risks.