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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On September 27, 2005, the Defendant concluded an insurance contract with the Plaintiff on September 27, 2005, as indicated in the separate sheet with the Defendant as the insured (hereinafter “instant insurance contract”).
B. On November 15, 2008, the Defendant paid the Plaintiff’s insurance proceeds and the Plaintiff’s insurance proceeds received hospital treatment for 243 days in total between November 15, 2008 and September 29, 2014, as indicated in the separate hospitalization period, as well as being hospitalized at B for 12 days at each hospital due to salt, tension, etc. of the Helle bones, etc., and received KRW 9,316,450 in total from the Plaintiff according to the instant insurance contract.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings
2. Determination
A. The plaintiff's assertion 1) The defendant did not enter into the insurance contract of this case in purely against risks to his own life, body, etc., but entered into the insurance contract of this case for the purpose of unjust acquisition of insurance proceeds through multiple insurance contracts. Accordingly, the insurance contract of this case is null and void against good morals and other social order, and accordingly the defendant is obligated to return insurance proceeds received from the plaintiff according to the insurance contract of this case. 2) Even if the insurance contract of this case is not null and void, the treatment received from the hospital and D oriental medical hospital which the defendant was a doctor of this case is for the purpose of unfairly receiving insurance proceeds. In this regard, the defendant is obligated to pay insurance proceeds of 6,354,
B. In the event that a policyholder concludes an insurance contract with a view to wrongfully acquiring insurance proceeds through multiple insurance contracts, it is necessary to require the policyholder to pay the insurance proceeds according to the insurance contract concluded for this purpose.