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

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

1. The following facts are acknowledged, either in dispute between the parties, or in full view of the entries in Gap 1, 2, and 5 (including family identification cards) and the purport of the entire pleadings as a result of the response of each order to submit each of the financial transaction information by this Court:

A. On December 26, 2007, the Defendant entered into an insurance contract in the attached Form (hereinafter “instant insurance contract”) with the Plaintiff. The instant insurance contract includes a special agreement guaranteeing the daily amount of hospitalization in cases where the insured is hospitalized due to injury or disease.

B. From November 21, 201 to June 4, 2015, the Defendant received hospitalized treatment for 395 days over 23 times. The Defendant received insurance money of KRW 37,860,000 (daily allowances, medical expenses, etc.) for the said insured incident from the Plaintiff.

C. The current status of each insurance contract concluded with the defendant as the insured is as shown in the attached Table.

2. The assertion and judgment

A. The Plaintiff’s assertion did not purely provide for risks to pure life, body, etc., but concluded the instant insurance contract with a view to unfairly acquiring insurance proceeds through multiple insurance contracts. In light of the reasons for hospitalization, the period and frequency of hospitalization, etc., the Defendant repeats excessive hospitalization or false hospitalization.

Therefore, since the insurance contract of this case is null and void in violation of Article 103 of the Civil Act, the confirmation is sought, and accordingly, the defendant is obligated to return the amount equivalent to the insurance money paid to the plaintiff as unjust enrichment.

B. Where the policyholder concludes an insurance contract with a view to illegally acquiring insurance proceeds through a large number of insurance contracts, the payment of insurance proceeds pursuant to the insurance contract concluded for this purpose would not only induce the speculative spirit to gain unjust benefits by abusing the insurance contract, but also lead to a reasonable risk.