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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Case summary
A. In September 2009, the Defendant entered into a license insurance contract with the Plaintiff without dividends (hereinafter “instant contract”).
B. From August 26, 2010 to October 25, 2014, the Defendant received hospitalized treatment for 530 days as indicated in the attached Table. The Plaintiff paid KRW 73,724,781, as stated in the attached Table, to the insurance money determined for hospital treatment, surgery, and post-treatment under the instant contract.
[Reasons for Recognition: Facts without dispute, Gap evidence, Gap evidence No. 1, Gap evidence No. 2, purport of whole pleadings]
2. Assertion and determination
A. The plaintiff's assertion that the defendant entered into the contract of this case for the purpose of illegally acquiring insurance proceeds through multiple insurance contracts. Thus, the contract of this case is null and void in accordance with Article 103 of the Civil Act, and even
Even if this is the result, it is possible to claim the return of the insurance money already paid as unjust enrichment or damages because it has been hospitalized for a long time with the intention to acquire a large amount of insurance money than the insurance money actually paid.
B. As alleged by the Plaintiff, the Defendant concluded multiple insurance contracts with a view to unjust acquisition of insurance proceeds.
There is no evidence to prove that a long-term hospitalization has been made with the intention to acquire a large amount of insurance money than the insurance money that can be actually paid.
3. In conclusion, the plaintiff's claim is unfair, and it is dismissed. It is so decided as per Disposition.