1. The plaintiff's claim is dismissed.

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

1. On January 31, 2008, the Plaintiff and the Defendant concluded an insurance contract with the Defendant as the insured on January 31, 2008, in the attached Form providing that the amount of KRW 30,000 per day of hospitalization for disease shall be guaranteed (hereinafter “instant insurance contract”).

② From April 14, 2008 to November 15, 2014, the Defendant hospitalized 516 days in total and claimed insurance proceeds to the Plaintiff. The Plaintiff paid insurance proceeds totaling KRW 43,090,046 to the Defendant by September 12, 2014.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 3 through 6, the purport of the whole pleadings

2. The Plaintiff’s assertion that the instant insurance contract was concluded by the Defendant for the purpose of unfairly acquiring insurance proceeds through multiple insurance contracts is null and void as acts contrary to good morals and social order stipulated in Article 103 of the Civil Act. The Defendant is obligated to return the insurance proceeds received from the Plaintiff as unjust enrichment.

3. Determination

A. 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 under an insurance contract concluded for this purpose would be in deviation from social reasonableness by encouraging speculative spirit to gain unjust profits through abuse of insurance contracts, and thereby impairing the purpose of the insurance system, such as reasonable diversification of risks, destroying the contingencyness of risks, and causing the sacrifice of the large number of subscribers, thereby impairing the foundation of the insurance system. Thus, such an insurance contract shall be null and void against good morals and other social order under Article 103 of the Civil Act.

In addition, as to whether a policyholder has entered into multiple insurance contracts for the purpose of illegally acquiring insurance proceeds, there is no evidence to directly recognize it, and the time when multiple insurance contracts were entered into.