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

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

1. Basic facts

A. On June 24, 2009, the Plaintiff concluded the instant insurance contract with the Defendant as a company running the insurance business, etc.

The matters to be guaranteed by the insurance contract of this case are as listed below [Attachment 1].

B. Upon receiving the Defendant’s insurance claim based on the instant insurance contract, the Plaintiff paid KRW 31,418,400 in total to the Defendant, as shown in [Attachment 2].

[Reasons for Recognition] A without dispute, Gap evidence Nos. 1-4, Eul evidence No. 2, the purport of the whole pleadings

2. Judgment as to the main claim

A. The summary of the Plaintiff’s assertion was that the Defendant concluded an insurance contract with a view to unfairly acquiring insurance proceeds through multiple insurance contracts including the instant insurance contract. Thus, the instant insurance contract is null and void against the good morals and other social order stipulated in Article 103 of the Civil Act.

Therefore, the Defendant is obligated to return the sum of the insurance proceeds already received to the Plaintiff as unjust enrichment of KRW 31,418,400.

B. Where a policyholder concludes an insurance contract for the purpose of unfairly acquiring insurance proceeds through a large number of insurance contracts, the payment of insurance proceeds pursuant to the insurance contract concluded for such purpose would be in deviation from social reasonableness by encouraging speculative spirit to gain unjust profits by abusing the insurance contract. Moreover, the purpose of the insurance system, such as reasonable diversification of risks, destroying the contingentness of risks, and causing the sacrifice of a large number of subscribers, thereby impairing the foundation of the insurance system. Thus, such insurance contract is null and void against good morals and other social order under Article 103 of the Civil Act.

On the other hand, it is necessary to determine whether a policyholder has concluded a number of insurance contracts with the intention of pretending insurance accidents or acquiring insurance proceeds unlawfully by exaggerationing the degree of insurance accidents.