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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On August 13, 2012, the Plaintiff concluded the instant insurance contract with the Defendant on August 13, 2012, the insurance period from August 13, 2012 to August 13, 2070, the monthly insurance premium of KRW 70,000, and the non-distribution spectrum comprehensive insurance contract with the insured and the beneficiary as the Defendant (hereinafter “instant insurance contract”).
B. After entering into the above insurance contract, the Plaintiff paid the insurance money to the Defendant as follows.
[Ground for recognition] Unsatisfy
2. In full view of the fact that multiple insurance accidents occurred during the short period after the Plaintiff’s assertion was concluded, and that most of the insurance accidents are the same type, the Defendant should be deemed to have concluded the instant insurance contract for the purpose of unfairly acquiring insurance proceeds, rather than to prepare for a contingency risk.
Therefore, the insurance contract of this case is null and void in violation of good morals and other social order stipulated in Article 103 of the Civil Act. Thus, the defendant is obligated to return the insurance proceeds received from the plaintiff to the plaintiff as unjust enrichment without any legal ground.
3. Determination
A. The relevant legal principles 1) Where a policyholder concludes an insurance contract for the purpose of unjust acquisition of insurance money through multiple insurance contracts, the payment of insurance money under an insurance contract concluded for this purpose would be in deviation from social reasonableness by inducing speculative spirit to gain unjust profits through abuse of insurance contracts, and not only would the purpose of the insurance system, such as reasonable diversification of risks, destroying the contingentness of risks, and causing the sacrifice of many subscribers, thereby impairing the foundation of the insurance system. Thus, such insurance contract shall be null and void against good morals and other social order under Article 103 of the Civil Act. (2) In addition, whether a number of policyholders have concluded an insurance contract for the purpose of denying the acquisition of insurance money.