1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On August 31, 2009, the Plaintiff and the Defendant concluded an insurance contract indicated in the attached Form (hereinafter “instant insurance contract”).

B. The Defendant received the insurance proceeds of KRW 10,310,184 in total from March 23, 2012 to May 9, 2016, as indicated below, for 14 days in total, 227 days in hospital as of May 9, 2016, and received from the Plaintiff based on the instant insurance contract.

CD E CF E G G G H [Grounds for Recognition] without dispute, and entry in Gap evidence 1 to 2

2. The Plaintiff’s assertion that the instant insurance contract was concluded for the purpose of unjust acquisition of insurance proceeds through multiple insurance contracts, and thus, is null and void in violation of good morals and other social order. The Defendant is obligated to return unjust enrichment equivalent to the above insurance proceeds paid to the Plaintiff without any legal ground, on the ground that the Defendant received a total of KRW 10,310,184 for insurance proceeds

3. Determination

A. In a case where a policyholder entered into an insurance contract for the purpose of unjust acquisition of insurance money through a large number of insurance contracts, the payment of insurance money pursuant to an insurance contract concluded for this purpose would be out of social reasonableness by encouraging speculative spirit to gain unjust profits through abuse of insurance contracts, as well as deviations from social reasonableness, and also destroying the purpose of the insurance system, such as reasonable diversification of risks, destroying the contingentness of risks, and causing the sacrifice of many subscribers, thereby impairing the foundation of the insurance system. Thus, such insurance contract shall be null and void in violation of good morals and other social order under Article 103 of the Civil Act.

On the other hand, even if there is no evidence to support the conclusion of multiple insurance contracts for the purpose of illegally acquiring the insurance proceeds, the insurance contractor's occupation and property status, background of concluding multiple insurance contracts, scale of insurance contracts, and after concluding the insurance contracts.