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

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

1. Basic facts

A. On October 19, 2007, the Green Damage Insurance Co., Ltd. and the Defendant (Appointed Party A) (hereinafter “Defendant A”) concluded an attached insurance contract (hereinafter “instant insurance contract”) with the Defendant’s mother as an insured person B (hereinafter “Appointed B”).

The insurance contract of this case includes the details of security payment for the day of hospitalization when the insured is hospitalized due to illness or injury.

Since then, the Plaintiff acquired the instant insurance contract from the Green Damage Insurance Co., Ltd.

B. The Selection B received the hospitalized treatment at a hospital for 728 days from January 3, 2008 to January 29, 2009, as well as from around 29: (a) from around that time to February 26, 2014 (hereinafter “instant insurance accident risk”); and (b) received KRW 38,298,097, including the Plaintiff’s insurance money, for 38,297,000, from the Plaintiff.

[Reasons for Recognition] Unsatisfy, Gap's 1, 2 (including virtual number), 4, Eul's 1 and 4, the purport of the whole pleadings

2. The Plaintiff’s assertion that the instant insurance contract was concluded with 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 other social order stipulated in Article 103 of the Civil Act. The Selection is obligated to return the insurance proceeds received from the Plaintiff under the instant insurance contract as unjust enrichment.

3. Determination

(a) Where the policyholder concludes an insurance contract for the purpose of unjust acquisition of insurance money through multiple insurance contracts, the payment of insurance money under the insurance contract concluded for this purpose would not only be in excess of social reasonableness by encouraging speculative spirit to gain unjust profits by abusing the insurance contract, but also undermine the purpose of the insurance system, which covers reasonable diversification of risks.