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1. It is confirmed that each insurance contract entered in the separate sheet concluded between the Plaintiff and the Defendant is invalid.
2. The defendant.
Reasons
1. Indication of claim;
A. On August 22, 2008 and September 4, 2009, the Plaintiff entered into each of the insurance contracts listed in the separate sheet with the Defendant as the insured (hereinafter “each of the insurance contracts of this case”). Each of the insurance contracts of this case includes a special agreement stipulating that the insured is hospitalized by a disease.
B. On August 12, 2009, after the conclusion of the instant insurance contract, the Defendant was hospitalized from the beginning of having received hospitalized treatment at a hospital due to leapprophitis, etc. on August 12, 2009, to October 28, 2014, and received hospitalized treatment for 79,935,949 won in total from the Plaintiff based on each of the instant insurance contracts.
C. However, in light of the current status of the conclusion of each of the instant insurance contracts by the Defendant at the time of the conclusion of each of the instant insurance contracts, the content of the disease affected by hospitalized treatment, the period of hospitalization, and the amount of the insurance proceeds received, the Defendant appears to have concluded each of the instant insurance contracts for the purpose of pretending the insurance accidents rather than purely against risks to life, body, etc., or unfairly acquiring the insurance proceeds by over
Therefore, each insurance contract of this case is null and void as contrary to good morals and other social order under Article 103 of the Civil Act. Since there is no legal ground for the insurance money paid to the defendant under each insurance contract of this case, the defendant is obligated to pay to the plaintiff 89,935,949 won of unjust enrichment and damages for delay calculated at the rate of 20% per annum from the day after the delivery of the copy of the complaint of this case to the day of full payment.
2. Judgment without holding any pleadings (Articles 208 (3) 1 and 257 of the Civil Procedure Act);