1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. The grounds cited in the judgment of the court of first instance, which the Defendant asserted in the trial while filing an appeal, are not significantly different from that of the Defendant already asserted in the court of first instance.

Considering the evidence submitted in this case as a whole, the fact-finding and decision of the first instance court is justified.

The reasoning of this Court concerning this case is that the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except for the supplement of the following judgment.

2. As to whether a policyholder has concluded multiple insurance contracts for the purpose of unlawful acquisition of insurance proceeds, the said purpose may be ratified based on all the circumstances, including occupation and property status of the policyholder, timing and circumstances of concluding multiple insurance contracts, scale and nature of the insurance contracts, and circumstances after the conclusion of the insurance contracts, even if there is no evidence to prove it

(Supreme Court Decision 2014Da73237 Decided February 12, 2015). According to the foregoing legal doctrine, the Defendant’s assertion to the effect that the Defendant ought to ascertain the situation where the Defendant had already entered into the instant insurance contract only on the basis of the time of entering into the instant insurance contract and determine the existence of the purpose of unlawful acquisition of insurance proceeds cannot be accepted.

Rather, as seen earlier, even though the Defendant had already entered into three or more insurance contracts similar to the coverage of the instant insurance contract, it is recognized that the Defendant entered into the instant insurance contract and concluded four identical insurance contracts between December 16, 2009 and April 30, 2010, respectively. Thus, the Defendant can confirm the purpose of unjust acquisition of insurance proceeds by taking into account all the circumstances such as the time and background of concluding multiple insurance contracts, the scale and nature of the insurance contracts, and the circumstances after concluding the insurance contract.

3. Conclusion, the plaintiff's claim should be accepted as reasonable.

The judgment of the court of first instance is just in conclusion, and thus, the defendant's appeal is dismissed.