1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On May 4, 2006, the Plaintiff (the former trade name was Green Cross Life Insurance Co., Ltd., but the trade name was changed to Hyundai Franchi Life Insurance Co., Ltd., on March 29, 2012) concluded an insurance contract with the Defendant listed in attached Table 1 (hereinafter “instant insurance contract”).

B. From January 3, 2007 to June 23, 2014, the Plaintiff received insurance proceeds of KRW 51,809,779 in total from the Defendant on the grounds of the same insured incident as indicated in the attached Table 2 [Attachment 2].

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 2, and 3, the purpose of all pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s assertion that the instant insurance contract was concluded for the purpose of unfairly acquiring insurance proceeds by entering into multiple insurance contracts, and is null and void in violation of good morals and other social order. Therefore, the Defendant is liable to return the insurance proceeds already paid to the Plaintiff as unjust enrichment return and delay damages therefrom.

B. (1) Where a policyholder concludes an insurance contract for the purpose of unjust acquisition of insurance money through a large number of insurance contracts, the payment of insurance money pursuant to an insurance contract concluded for this purpose would be in excess of social reasonableness by inducing speculative spirit to gain unjust profits through abuse of insurance contracts, thereby impairing the purpose of the insurance system called 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 shall be null and void in violation of good morals and other social order under Article 103 of the Civil Act.

(2) On the other hand, as to whether a policyholder entered into a multiple insurance contract for the purpose of unjust acquisition of insurance proceeds, the following are applicable. (3) On the other hand, as to whether the policyholder entered into a number of insurance contracts for the purpose of unjust acquisition of insurance proceeds.