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1. It is confirmed that an insurance contract entered in the Appendix 1 List concluded between the Plaintiff and the Defendant is invalid.
2. The defendant.
Reasons
1. Basic facts
A. On November 29, 2010, the Defendant concluded an insurance contract with the Plaintiff listed in the separate sheet No. 1 (hereinafter “instant insurance contract”).
B. On April 6, 2011, the Defendant received insurance proceeds of KRW 29,091,216 from the Plaintiff on the ground of hospitalization, surgery, etc. from April 6, 201 to November 3, 2014, on the ground that “the 21-day hospital located in Nam-gu Incheon Metropolitan City (Seoul)” was hospitalized for 21 days at the C Hospital located in Nam-gu, Incheon, Nam-gu, Incheon, and the Defendant received the insurance proceeds of KRW 29,091,216, as shown in attached Table 2.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 6, 15 evidence (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. The plaintiff asserted that the contract of this case is purely intended to cope with risks to life, body, etc., and it is invalid in violation of Article 103 of the Civil Act as it was concluded for the purpose of unfairly acquiring insurance proceeds, in light of the following: (a) the defendant subscribed to multiple insurance contracts before and after entering into the contract of this case; (b) the reason for the defendant's hospitalization was "in excess of mountain"; (c) the defendant was hospitalized for a long time despite the absence of the necessity of hospitalization; and (d) the insurance premium to be paid
According to the plaintiff's evidence No. 4, 29,00 won of insurance money 29,030,000 won that the defendant received from the plaintiff according to the insurance contract of this case that is null and void, the defendant's insurance money 29,091,216 won of insurance money that the plaintiff received from the plaintiff, and the plaintiff claimed for the return of the insurance money 29,030,000 won in the complaint
Since the defendant acquired money without any legal ground, the defendant shall pay this money and damages for delay to the plaintiff.
Even if the insurance contract of this case is not null and void, the defendant needs not be hospitalized.