1. All of the plaintiff's claims are dismissed.

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

Basic Facts

On March 31, 2008, the Defendant entered into an insurance contract with green damage insurance company listed in the separate sheet (hereinafter “instant insurance contract”).

On May 3, 2013, the Plaintiff acquired the status of the insurer of the instant insurance contract from the Green Damage Insurance Co., Ltd. subject to a decision to transfer contracts by the Financial Services Commission under the Act on the Structural Improvement of the Financial Industry.

(hereinafter referred to as the “Plaintiff” for convenience. The Defendant was hospitalized for 455 days in total due to an insured event that occurred from June 4, 2009 to June 3, 2016, and was paid KRW 79,168,022 from the Plaintiff as insurance money.

[Based on recognition, the plaintiff asserted that Gap evidence Nos. 1 through 7 (including a number of documentary evidence; hereinafter the same shall apply) and the plaintiff's primary claim for the purport of the whole pleadings, the defendant concluded a security insurance contract of a similar nature that guarantees temporary living expenses with several insurance companies. The defendant paid excessive insurance premiums compared to the defendant's monthly income, and the plaintiff and Dongyang Life Insurance Co., Ltd. received excessive insurance proceeds of KRW 97,158,02 in total from the plaintiff and Dongyang Life Insurance Co., Ltd.

The defendant was repeatedly hospitalized for a long time, although the defendant's disease does not need to receive hospitalized treatment as the degree of the disease is insignificant.

As such, the Defendant concluded the instant insurance contract with the Plaintiff for the purpose of illegally acquiring insurance proceeds by using minor insurance accidents. As such, the instant insurance contract is null and void in violation of good morals and social order under Article 103 of the Civil Act, and the Defendant shall return the insurance proceeds paid to the Plaintiff in accordance with the instant insurance contract to the Plaintiff.

Judgment

The entry of Gap evidence No. 8, each financial transaction information about Dongyang Life Insurance Co., Ltd. and Hanyang Life Insurance Co., Ltd. in this Court.