1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On June 30, 2011, the Defendant concluded an insurance contract with the Plaintiff listed in the separate sheet (hereinafter “instant insurance contract”).

B. On July 18, 201, the Defendant received hospitalized treatment for a total of 753 days between February 16, 2015, including being hospitalized at C Hospital for 15 days as a stimulative ex post facto group, which was not accompanied by a guides. The Defendant received KRW 23,320,330,000 from the Plaintiff as the insurance money under the instant insurance contract.

C. The Defendant maintains 18 insurance policies up to 2,360,471 won per month, including the instant insurance contracts, as indicated in the attached Table of the purchase of insurance. The Defendant was paid insurance money of KRW 349,712,623 as indicated in the above table by the insurance company including the Plaintiff.

[Ground of recognition] Facts without dispute, Gap 1 to 4 evidence, Eul 7 to 11 evidence (including each number; hereinafter the same shall apply), each fact inquiry result of this court, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion that the defendant concluded the insurance contract of this case for the purpose of unfairly acquiring insurance proceeds through multiple insurance contracts, not to pure risks to life, body, etc., and thus, the insurance contract of this case is null and void against good morals and other social order under Article 103 of the Civil Act. The defendant must return the insurance proceeds received from the plaintiff as unjust enrichment.

B. (1) Determination (1) Where a 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 under an insurance contract concluded for this purpose would encourage speculative spirit to gain unjust benefits by abusing the insurance contract, thereby deviating from the social reasonableness, thereby impairing the purpose of the insurance system, harming the rational diversification of risks, destroying the contingency of the occurrence of risks, and multiple good subscribers.